Mannar Thirumalai Naicker College v. The Director Of Collegiate Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Mannar Thirumalai Naicker College Rep.by its Secretary Mr.M.Vijayaragavan B-9, Kambar Street, Thirunagar Madurai-625 006.
...Petitioner
Vs.
1.The Director of Collegiate Education I.A.S.E. Campus 577, Anna Salai, Saidapet Chennai 600 015.
2.The Regional Joint Director Collegiate Education Madurai Region Madurai.
...Respondents
Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the first respondent to consider the petitioner's proposal/representation dated 25.01.2023 seeking sanction of 3 additional posts viz., one post in the Department of Commerce, one post in the Department of Mathematics and one post in 1/5
the Department of Physics in the light of the recommendation and workload committee report given by the second respondent vide proceedings Na.Ka.No.1445/E2/2019-2 dated 07.02.2019, within a time to be stipulated by this Court.
For Petitioner : Mr.E.Martin Jayakumar For Respondents : Mr.S.Prabhakaran Government Advocate
ORDER
The petitioner herein had given representation to the respondents on 25.01.2023, seeking sanction of 3 additional posts viz., one post in the Department of Commerce, one post in the Department of Mathematics and one post in the Department of Physics. The said representation has not been considered till date and hence, the petitioner has preferred the present Writ Petition.
2. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would 2/5
amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.
3. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 25.01.2023 on its own merits and pass appropriate orders in accordance with law in the light of the recommendation dated 07.02.2019, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
4. With the above directions, the Writ Petition stands disposed of. No costs.
14.06.2023 Index : Yes/No pvs 3/5
To 1.The Director of Collegiate Education I.A.S.E. Campus 577, Anna Salai, Saidapet Chennai 600 015.
2.The Regional Joint Director Collegiate Education Madurai Region Madurai.
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M.S.RAMESH .J., pvs 14.06.2023 5/5