Dr.A.R.Susethira v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.33423 of 2022 Dr.A.R.Susethira ... Petitioner versus 1.The Principal Secretary to Government, Health, Medical Education and Family Welfare, Government of Tamil Nadu, Secretariat, Chennai-600 009.
2. The Director of Medical Education, Kilpauk, Chennai-10.
3. The Dean, Government Erode Medical College and Hospital, Perundurai-638 053.
... Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Mandamus directing the respondents 1 and 2 to include the name of the petitioner in the list of panel in the panel of the 2nd respondent K.Dis.No.56665/E1/4/2022 dated 10.11.2022 and promote as Professor of Microbiology as per the application dated 12.07.2022 within the stipulated time fixed by this Court.
For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.D.Ravichander Spl.G.P 1/4
O RDER This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to include the name of the petitioner in the promotion panel for the post of Professor of Microbiology based on her representation dated 19.11.2022 within a time frame to be fixed by this Court.
2. The grievance of the petitioner in this writ petition is that her name has not been included in the promotion panel for the post of Professor of Microbiology though she is eligible for the same. In such circumstances, she has submitted the aforesaid representation to the respondents. Since the respondents have not considered the same, the petitioner has filed this writ petition.
3. Heard Mr.K.Sathishkumar, learned counsel for the petitioner and Mr.D.Ravichander, learned Special Government Pleader accepts notice on behalf of the respondents. By consent of both the parties, the main writ petition has been taken up for final disposal.
4. No prejudice would be caused to the respondents if the petitioner's representation, as stated supra, is considered on merits and in accordance with 2/4
law within a time frame to be fixed by this Court. 5.The petitioner claims that there are several vacancies for the post of Professor of Microbiology and it is for the respondents to consider the request of the petitioner and decide as to whether the petitioner can be included in the promotion panel for the post of Professor of Microbiology or not.
6. For the foregoing reasons, this Court directs the respondents 1 and 2 to pass final orders on merits and in accordance with law on the petitioner's representation dated 19.11.2022, seeking to include the petitioner's name in the promotion panel for the post of Professor of Microbiology within a period of eight weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, the writ petition is disposed of. No costs.
13.12.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order 3/4
ABDUL QUDDHOSE,J.
sr To 1.The Principal Secretary to Government, Health, Medical Education and Family Welfare, Government of Tamil Nadu, Secretariat, Chennai-600 009.
2. The Director of Medical Education, Kilpauk, Chennai-10.
3. The Dean, Government Erode Medical College and Hospital, Perundurai-638 053 W.P. No.33423 of 2022 13.12.2022 4/4