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Madras High CourtWP/3438/2017disposed of

Scott Christian College v. The State Of Tamil Nadu

2017-02-13Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.02.2017

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN WP.Nos.3438 to 3440/2017 The Correspondent Scott Christian College [Autonomous] Nagercoil, Kanyakumari District.

.. Petitioner in all the writ petitions

Versus

1.The Secretary to Government State of Tamil Nadu Education Department, Fort St George, Chennai 600 009.

2.The Director of Collegiate Education Chennai 600 006.

..

Respondents in all Wps Writ petitions filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent to allot 4 posts of Assistant Professors, 1 each in the Departments of Economics, Mathematics, Physics and Tamil [WP.No.3438/2017] ; to allot 2 posts of Lab Assistants [WP.No.3439/2017] ; and to allot one post of Superintendent [WP.No.3440/2017] to the Scott Christian College, Nagercoil, Kanyakumari District.

For Petitioner in all WPs :

Mr.V.Selvaraj For Respondents in all WPs :

Mr.K.Dhananjayan, Spl.GP COMMON ORDER By consent, the writ petition is taken up for final disposal. Since the issue involved and to be adjudicated is one and the same, all the writ petitions are disposed of by the following common order. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents. In WP.No.3438/2017, the petitioner would aver among other things, it is one of the premier institutions in the State of Tamil Nadu and it is an accredited College with A Grade

and is also an autonomous Institution and is offering Graduate and Post Graduate courses in various disciplines. The petitioner would further aver that the 2nd respondent vide proceedings dated 12.10.1992 had fixed the staff strength of the College at 114 including one part time post. The petitioner / College has also been submitting the total work load in the various departments to the 2nd respondent periodically.

According to the petitioner, considering the students strength, it is entitled to have 4 posts of Assistant Professors, one each for the Departments of Economics, Mathematics, Physics and Tamil respectively and in this regard, the petitioner has been submitting series of representations and last of such representation was submitted on 09.04.2016, requesting the 3rd respondent to allot four posts of Assistant Professors, one each in the above said Departments and despite receipt and acknowledgment, no orders have been passed and hence, the petitioner / College came forward to file the present writ petition.

In WP.No.3439/2017, the petitioner would aver among other things, it is one of the premier institutions in the State of Tamil Nadu and it is an accredited College with A Grade and is also an autonomous Institution and is offering Graduate and Post Graduate courses in various disciplines. The petitioner would further aver that the 2nd respondent vide proceedings dated 12.10.1992 had fixed the staff strength of the College at 114 including one part time post. The petitioner / College has also been submitting the total work load in the various departments to the 2nd respondent periodically.

According to the petitioner, considering the students strength, it is entitled to have two posts of Lab Assistants and in this regard, the petitioner has been submitting series of representations and last of such representation was submitted on 04.09.2016, requesting the 3rd respondent to allot two posts of Lab Assistants and despite receipt and acknowledgment, no orders have been passed and hence, the petitioner / College came forward to file the present writ petition.

In WP.No.3440/2017, the petitioner would aver among other things, it is one of the premier institutions in the State of Tamil Nadu and it is an accredited College with A Grade and is also an autonomous Institution and is offering Graduate and Post Graduate courses in various disciplines. The petitioner would further aver that the 2nd respondent vide proceedings dated 12.10.1992 had fixed the staff strength of the College at 114 including one part time post. The petitioner / College has also been submitting the total work load in the various departments to the 2nd respondent periodically.

According to the petitioner, considering the students strength, it is entitled to have one post of Superintendent and in this

regard, the petitioner has been submitting series of representations and last of such representation was submitted on 09.04.2016, requesting the 3rd respondent to allot one post of Superintendent and despite receipt and acknowledgment, no orders have been passed and hence, the petitioner / College came forward to file the present writ petition.

Mr.V.Selvaraj, learned counsel for the petitioner would submit that considering the interest and welfare of the students, the petitioner / Institution repeatedly submitting series of representations for allotment of the said posts and though all the representations have been received, so far, no orders have been passed and hence, the petitioner is constrained to approach this Court by filing the above writ petition. Per contra, Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents would submit that appropriate orders would be passed in accordance with the norms and regulations on the representations submitted by the petitioner as expeditiously as possible.

This Court has considered the rival submissions and also perused the typed set of documents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in its representations or in these writ petitions, directs the 2nd respondent to consider and dispose of the petitioner's representations dated 09.04.2016 and 04.09.2016 respectively, on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner/College.

The writ petitions stand disposed of with the above direction. No costs.

AP Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Secretary to Government State of Tamil Nadu Education Department, Fort St George, Chennai 600 009.

2.The Director of Collegiate Education Chennai 600 006.

+1cc to Mr.V. Selvaraj, Advocate, S.R.No.9308 +1cc to the Government Pleader, S.R.No.9703 pvs(CO) md(02/03/2017) WP.Nos.3438 to 3440/2017