K.Sundaram v. Principal Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.12128 of 2020 K.Sundaram ..Petitioner Vs.

1. The Principal Secretary to Government Department of Higher Education Government of Tamil Nadu Secretariat, Chennai 600 009.

2. The Director of Collegiate Education (DCE) Office at 9th Floor, EVK Sampath Building College Road Chennai 600 006.

..Respondents Prayer:Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first respondent to implement G.O.(Ms) No.76 dated 18.07.2020 regarding the working hours with Shift I classes with the timings 09.30 a.m. to 04.30 p.m. in respect of all aided and Self Financing Arts and Science College in Tamil Nadu from the Academic Year 2020-21 as implemented to the Government Colleges. For the Petitioner : Mr.G.Murugendran For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mr.K.M.D.Muhilan Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to give effect to G.O.Ms.No.76 dated 18.07.2020 in respect of Aided and Self Financing Arts and Science College, with regard to the time https://hcservices.ecourts.gov.in/hcservices/

schedule of classes between 9.30 a.m. and 4.30 pm. 2.Learned counsel for the petitioner submits that when the time schedule has been given by the State Government for the Government Colleges, it should have been applied even to Aided and Self Financing Colleges.

3.We have perused G.O.Ms.No.76 dated 18.07.2020. It is applicable only to 50 Government Colleges. It has not been made applicable to all the Colleges and therefore, the prayer made by the petitioner to apply the said G.O. to all the Aided and Self Financing Colleges cannot be accepted. It is more so when none of the College is added as party respondents who may be affected by the outcome of the direction sought by the petitioner. Thus, the writ petition suffers from non joinder of parties. Accordingly, it is dismissed. There will be no order as to costs. Consequently, WMP No.14870 of 2020 is also dismissed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kpl To:

1. The Principal Secretary to Government Department of Higher Education Government of Tamil Nadu Secretariat, Chennai 600 009.

2. The Director of Collegiate Education (DCE) Office at 9th Floor, EVK Sampath Building College Road, Chennai 600 006.

+1cc to the Government Pleader, S.R.No.39820 W.P.No.12128 of 2020 MG(CO) RGA(05/07/2022) https://hcservices.ecourts.gov.in/hcservices/