Dr.T.Karthik Prabhu v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED : 23.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.16804 of 2020 and W.M.P.Nos.20825 & 20830 of 2020
1. Dr.T.Karthik Prabhu
2. Mr.S.Selvam
3. Mr.A.Vivek Joe Bharath
4. Dr.R.Azarudeen
5. Mr.U.Balavignesh
6. Dr.S.Murali
...Petitioners
Vs
1. The Principal Secretary, Higher Education (C1) Department Fort St.George, Chennai - 9
2. The Commissioner The Directorate of Technical Education (DoTE) Sardar Patel Road, Guindy, Chennai - 600 025.
3. Coimbatore Institute of Technology Represented by its Principal Dr.V.Selladurai, Avinashi Road, Civil Aerodrome Post, Coimbatore - 641 014.
...Respondents
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the petitioners' joint representation dated 23.09.2020 in a prospective manner and consequently to declare/disclose the results forthwith and also to issue the appointment order to the petitioners herein for the post of Assistant Professor(s) in pursuance of the interview and written tests were held on 21.12.2017 and 22.12.2017 based on the Advertisement / Notification published in "The Times of India" dated 27.10.2017.
For Petitioners : M/s.Umapathi For Respondents : Mr.Tippu Sultan - For R1 & R2 : No appearance - For R3
O R D E R
By consent of both the parties, this writ petition is taken up for final disposal.
2. Since the petitioners' request to declare the results of the interview and written tests held on 21.12.2017 and 22.12.2017 for the post of Assistant Professor in the third respondent institution was not considered, the present writ petition has been filed. According to the petitioners, they have made a joint representation in this regard on 23.09.2020, which is still pending.
3. 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 the respondents 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 amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, it would be appropriate to direct the first respondent herein to consider the petitioners' joint representation dated 23.09.2020 within a stipulated time and thereby, the ends of justice could be secured. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioners and that it is open to the concerned respondent to consider the same on its own merits.
5. Accordingly, there shall be a direction to the first respondent to consider the petitioners' joint representation dated 23.09.2020 on its own merits and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar KST To
1. The Principal Secretary, Higher Education (C1) Department Fort St.George, Chennai - 9
2. The Commissioner The Directorate of Technical Education (DoTE) Sardar Patel Road, Guindy, Chennai - 600 025.
3. Coimbatore Institute of Technology Represented by its Principal Dr.V.Selladurai, Avinashi Road, Civil Aerodrome Post, Coimbatore - 641 014.
+1cc to M/s.K.Srinivasan, Advocate Sr.35345 +1cc to M/s.N.Umapathi, Advocate Sr.35660 +1cc to the Government Pleader Sr.35629 W.P.No.16804 of 2020 pmk[co] srg 09/08/2021