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Madras High CourtWP/9055/2021disposed of

S.Vijayaraghavan v. The Government Of Tamil Nadu

2021-04-16Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.04.2021

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.No.9055 of 2021 & W.M.P.No.9594 of 2021 S.Vijayaraghavan ..Petitioner Vs.

1.The Government of Tamil Nadu rep by its Secretary Department of Tourism and Culture Fort St.George Chennai-600 009 2.The Commissioner Tamil Development Campus Tamil Salai, Egmore Chennai-600 008 3.The Principal The Tamil Nadu Government Music College Chennai-600 028 ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation dated 12.02.2021 and consequently appoin to the post of Professor (violin) a the Tamil Nadu Government Music College Chennai in accordance with g.O.Ms.No.667 (education) dated 29.04.1974 and the UGC Regulations 2010.

For Petitioner : Mr.R.Gophinath For Respondents : Mr.L.P.Shanmuga Sundaram Spl.Govt.Pleader

ORDER

The Petitioner is working as Lecturer (Violin) in the 3rd respondent college. He acquired the qualification as prescribed by the UGC vide UGC Regulations 2010 and G.o.Ms.No.667, Education 24.09.1974. It is submitted by the petitioner that there was an issue between him and similarly placed persons before the Tribunal. When the matter was decided in favour of one Srimathi, and she was deemed to be the senior in the

category of lecturer. But, when it comes to the promotion to the post of professor in Violin, the said Srimathi is not fully qualified whereas the petitioner is qualified. Government also recommended the case of the petitioner for promoting him to the post of professor by upgrading the post of lecturer into professor. He made a representation for the purpose of promoting him to the post of professor in accordance with the Government order as well as the UGC regulations. Even though Government has recommended the promotion of the petitioner, the same has not been implemented and the representation made by him is still pending. Aggrieved over the same, the petitioner is before this Court.

2. The learned Special Government Pleader appearing for the respondent would submit that the representation of the petitioner dated 12.02.2021 was forwarded by the 3rd respondent to the 2nd respondent who in turn has to forward it to the 1st respondent for consideration.

3. Considering the facts and circumstance of the case, a direction is given to the 2nd respondent to forward the representation of the petitioner dated 12.02.2021 to the 1st respondent. 1st respondent is further directed to consider the representation on merits and in accordance with law in the light of G.O.Ms.No.667 Education department dated 29,04.1974 and the UGC Regulations 2010 and 2018 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, writ petition is disposed of. No costs. Connected miscellaneous petition is closed. s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar To 1.The Secretary Government of Tamil Nadu Department of Tourism and Culture Fort St.George Chennai-600 009

2.The Commissioner Tamil Development Campus Tamil Salai, Egmore Chennai-600 008 3.The Principal The Tamil Nadu Government Music College Chennai-600 028 +3 CCS to Mr.R.Gophinath, Advocate sr 22999.

W.P.No.9055 of 2021 & W.M.P.No.9594 of 2021 PL(CO) SP(29/04/2021)