Dr.M.Devi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.22913 OF 2021 AND W.M.P.NO.24118 OF 2021 (Through Video Conferencing) 1.Dr.M.Devi 2.P.Srinivasan 3.K.Elumalai
...Petitioners
Vs
1. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Higher Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Registrar, Anna University, Guindy, Chennai - 600 025.
3. The Dean, University College of Engineering Arni, Arni, Thiruvannamalai District - 632 326.
4. The Dean, University College of Engineering Villupuram, Villupuram, Villupuram District.
5. All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070.
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation submitted by the petitioners for continuance of service as Teaching Fellow in the respective Department based on the clarificatory circular issued by AICTE dated 07.08.2020 and 23.10.2020 as well as Notification No.001/RC/UD-FR/PR10&20/2020-1 dated 30.09.2020 by the second respondent with prescription of qualification for every Department with all consequential and other attendant benefits on par with similarly placed persons.
For Petitioners : Mr.G.Sankaran For Respondents :
For R1 : Mr.L.S.M.Hasan Fizal Government Advocate For R2 to R4 : Mr.V.Govardhanan Standing Counsel for M/s.Row and Reddy For R5 : Mr.Rabu Manohar
ORDER
Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the first respondent and Mr.V.Govardhanan, learned standing counsel takes notice on behalf of the second to fourth respondents and Mr.Rabu Manohar, learned counsel takes notice on behalf of the fifth respondent.
2. This writ petition has been filed for issuance of a Mandamus, to direct the respondents to consider the petitioners representation for continuance of service as teaching fellow in the respective Department based on the clarificatory circular dated 07.08.2020 and 23.10.2020 as well as the notification No.001/RC/UD-FR/PR10&20/2020-1.
3. It is noticed that the petitioners have sent a representation dated 29.06.2020. The circular/notification and clarification which have been referred in the prayer are subsequent to the representation dated 29.06.2020 of the petitioners.
4. Considering the above, this Writ Petition is disposed by directing the petitioners to file a fresh representation with the respondents within ten days time. The petitioners are directed to give the particulars of the notification of the second respondent and the clarification of the fifth respondent and explain as to how they are entitled to be continued in service as teaching fellow. If such representation is filed by the petitioners with the respondents, the second respondent shall pass appropriate orders in accordance with law and on merits within a period of six weeks from the date of receipt of a copy of this order thereafter.
5. This Writ Petition stands disposed of with the above observations.
No costs.
Consequently, connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar arb To
1. The Principal Secretary to Government, Government of Tamil Nadu, Higher Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Registrar, Anna University, Guindy, Chennai - 600 025.
3. The Dean, University College of Engineering Arni, Arni, Thiruvannamalai District - 632 326.
4. The Dean, University College of Engineering Villupuram, Villupuram, Villupuram District.
5. All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070.
+3ccs to Mr.G.Sankaran, Advocate, S.R.No.54972 +1cc to the Government Pleader, High Court, S.R.No.55365 W.P.No.22913 of 2021 and W.M.P.No.24118 of 2021 VG-II(CO) RLP(22/11/2021)