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Madras High CourtWP/28025/2022disposed of

Ramasamy Tamil College v. The Director Of Collegiate Education

2022-10-19Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.10.2022 Coram:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.28025 of 2022 -- Ramasamy Tamil College, Rep. by its Secretary Mr.PR.Veerappan .. Petitioner Vs.

1. The Director of Collegiate Education, Saidapet, Chennai-600 015.

2. The Regional Joint Director of Collegiate Education, Madurai Region, Madurai-625 002.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to permit the petitioner-College to fill up the sanctioned posts of four non-teaching staffs, viz., Gardener-1, Watchman-1, Sweeper-1 and Scavenger-1, in the sanctioned vacancies in the petitioner-College, in the light of the order of this Court made in W.P.(MD).No.1234 of 2014, dated 24.02.2015 in W.A.(MD).No.931 of 2018, dated 12.07.2018, which has been confirmed by the Honourable Apex Court in S.L.P.No.323 of 2019, dated 18.01.2019, by considering the proposal / 1 / 5

representation given by the petitioner-College, dated 17.08.2022 and to approve the said appointments.

For petitioner : Mr.E.Martin Jayakumar For respondents: Mr.V.Manoharan, Spl.G.P..

ORDER

This Writ Petition has been filed by the petitioner/College seeking to fill up the sanctioned post of four non-teaching staffs, namely Gardener-1, Watchman1, Sweeper-1 and Scavenger-1 in their College. The petitioner has submitted a representation on 17.08.2022 for the aforementioned purpose. According to the petitioner, the second respondent has also forwarded the recommendation to the first respondent for consideration. The representation of the petitioner, dated 17.08.2022 seeking to fill up the aforementioned posts, has not yet been considered till date. In such circumstances, the petitioner-College had filed the present Writ Petition. The petitioner also relies upon the order passed in W.P.(MD).No.1234 of 2014, dated 24.02.2015 and also W.A.(MD).No.931 of 2018, dated 12.07.2018, which has been confirmed by the Honourable Apex Court in S.L.P.No.323 of 2019, dated 18.01.2019 for substantiating the relief sought for in their representation, dated 17.08.2022. No prejudice would be caused to the respondents, if the petitioner's representation is considered on 2 / 5

merits and in accordance with law, within the time frame to be fixed by this Court.

2. For the foregoing reasons, this Court directs the first respondent to pass final orders on the second respondent's proposal, which was submitted to the first respondent, based on the petitioner's representation, dated 17.08.2022 seeking to fill up the said four posts of non-teaching staff, within a period of 12 weeks from the date of receipt of a copy of this order. While considering the said representation of the petitioner, the first respondent shall also consider the aforementioned decisions of this Court and the Honourable Supreme Court relied on by the learned counsel for the petitioner and decide as to whether the same is applicable to the case of the petitioner/College or not.

3. With the aforesaid observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. 19.10.2022 Speaking Order: Yes/no cs 3 / 5

To

1. The Director of Collegiate Education, Saidapet, Chennai-600 015.

2. The Regional Joint Director of Collegiate Education, Madurai Region, Madurai-625 002.

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ABDUL QUDDHOSE, J cs W.P.No.28025 of 2022 19.10.2022 5 / 5