K.Varaprasath v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.23394 of 2024 K.Varaprasath ....
Petitioner -Vs1 The State Of Tamil Nadu Rep. By Its Secretary Higher Education Department Fort St. George Chennai-600 009. 2 The Director Of Technical Education (DOTE) Anna University Campus Guindy Chennai-600 025.
3 The Chairman Bhaktavatsalam Aided Polytechnic Collage Karapettai Kanchipuram Kanchipuram District-631 551.
4 The Secretary Bhaktavatsalam Aided Polytechnic Collage Karapettai Kanchipuram Kanchipuram District-631 551.
5 The Principal Bhaktavatsalam Aided Polytechnic Collage Karapettai Kanchipuram Kanchipuram District-631 551.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to forthwith issue Appointment order to the petitioner for the post of Lecturer (Chemistry) in the 3rd 1 / 6
respondent college namely Bhaktavatsalam Aided Polytechnic College Karapettai Kanchipuram Kanchipuram District on the basis of the approval Order of the 2nd respondent dated 21.06.2024 in its proceedings No.21013/ C4/ 2023 within a stipulated time.
For Petitioner :
Mr.K.Selvaraj For Respondents :
Mr.K.Surendran Additional Government Pleader-for RR 1 & 2 Ms.Aishwarya S.Nathan - for R5 R3 & R4 - No appearance
O R D E R
This writ petition has been filed for the issuance of a writ of Mandamus directing the respondents to issue appointment order to the petitioner for the post of Lecturer (Chemistry) in the third respondent College on the basis of the approval order passed by the second respondent dated 21.06.2024.
2. Heard Mr.K.Selvaraj learned counsel for the petitioner, Mr.K.Surendran, learned Additional Government Pleader for the respondents 1 and 2 and Ms.Aishwarya S.Nathan for the third respondent.
3. The case of the petitioner is that the third respondent college had called for applications for filling up two vacancies to the post of Lecturer (Chemistry). One vacancy fell under the Backward Class category and the other vacancy fell under the Most Backward Class category. The petitioner submitted his application on 27.04.2023 2 / 6
to the fifth respondent and the fifth respondent, through proceedings dated 17.05.2023 directed the petitioner to appear before the Staff Selection Committee of the college. The petitioner also appeared and he produced all his certificates. The petitioner was permitted to attend the interview also on 24.05.2023.
4. The further case of the petitioner is that the Staff Selection Committee of the third respondent college selected the petitioner for the post of Lecturer (Chemistry) under the Backward Class category. The selection of the petitioner was placed before the second respondent for approval. The second respondent, through proceedings dated 21.06.2024 approved the recommendation and selection of the petitioner by the Staff Selection Committee of the third respondent college.
5. The grievance of the petitioner is that inspite of the approval granted by the second respondent on 21.06.2024, no appointment order has been issued to the petitioner till date. It is under these circumstances the present writ petition was filed before this Court.
6. In the considered opinion of this Court, the appointment of the petitioner has already been approved by the second respondent through proceedings dated 21.06.2024. The appointment itself was made by the Staff Selection Committee belonging to the third respondent College. Therefore, there is no reason as to why the appointment order should be kept in abeyance inspite of the approval granted by 3 / 6
the second respondent.
7. In the light of the above discussion, there shall be a direction to the third respondent to act upon the approval order passed by the second respondent dated 21.06.2024 and to issue appointment order to the petitioner within a period of two weeks from the date of receipt of a copy of this order.
8. With the above direction, this writ petition is disposed of. No costs. 10.09.2024 Index : Yes/No NCS : Yes/No KST 4 / 6
To 1 The Secretary to Government, Higher Education Department Fort St. George Chennai-600 009. 2 The Director Of Technical Education,(DOTE) Anna University Campus Guindy Chennai-600 025.
3 The Chairman, Bhaktavatsalam Aided Polytechnic Collage Karapettai Kanchipuram, Kanchipuram District-631 551. 4 The Secretary, Bhaktavatsalam Aided Polytechnic Collage Karapettai Kanchipuram, Kanchipuram District-631 551. 5 The Principal, Bhaktavatsalam Aided Polytechnic Collage Karapettai, Kanchipuram, Kanchipuram District-631 551. 5 / 6
N.ANAND VENKATESH, J.
KST 10.09.2024 6 / 6