Dr.Zakir Husain College v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.29955 of 2018 Dr.Zakir Hussain College rep.by its Secretary Mr.V.M.Jafarulla Khan S/o V.M.Mohammed Kassim Kadher Pitchai Street, Illyangudi Sivagangai District.
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Petitioner Vs 1.The State of Tamil Nadu rep.by its Secretary, Higher Education Department, Fort St.George Chennai - 600 009.
2.The Directorate of Collegiate Education College Road, Chennai - 600 006.
3.The Regional Joint Director of Collegiate Education Madurai Region, Madurai.
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Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first and second respondents to consider the representation dated 12.03.2018 and 05.06.2018 of the petitioner seeking sanction of additional / new posts on the basis of the 3rd respondent's proposal made in Na.Ka.No.12776/E3/2016 dated 25.01.2017 and 13.03.2018 within a time to be stipulated by this Honourable Court.
For Petitioner :
Mr.V.Bharathi for M/s.E.Martin Jayakumar For Respondents :
Ms.P.Kavitha, Government Advocate (Education)
O R D E R
The petitioner has filed this writ petition for a direction to the respondents to consider the representation dated 12.03.2018 and 05.06.2018 of the petitioner seeking sanction of
additional / new posts on the basis of the 3rd respondent's proposal made in Na.Ka.No.12776/E3/2016 dated 25.01.2017 and 13.03.2018 within a time to be stipulated by this Honourable Court.
2. The facts leading to the filing of the writ petition is that the petitioner college has a sanctioned strength of 3 teachers in Physics, as per the proceedings of the second respondent in Na.Ka.No.47700/Q4/99 dated 28.10.1999.
Subsequently, there was enormous increase in the work load and in the student strength and therefore, the petitioner submitted representations for creation of post ie., 2 posts in Physics department.
The petitioner sent representations dated 12.03.2018 and 05.06.2018 to the first and second respondents, seeking to sanction the additional post. The third respondent / Joint Director of Collegiate Education sent a detailed recommendation to the 2nd respondent vide Proceedings in Na.Ka.No.12776/E3/2016 dated 25.01.2017 and 13.03.2018 proposing that the additional posts which have been sought for by the petitioner's college is imminently required to the petitioner college. As the said representations of the petitioner college has not been considered, the present writ petition is filed.
2. Ms.P.Kavitha, learned Government Advocate (Education) takes notice on behalf of the respondents.
3. Without going into the merits of the matter, the second respondent is directed to consider the representations of the petitioner college dated 12.03.2018 and 05.06.2018 in the light of the recommendation made by the third respondent dated 25.01.2017 and 13.03.2018, within a period of eight weeks from the date of receipt of a copy of the order. The writ petition is disposed of in the above terms. No costs.
Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar kst To 1.The State of Tamil Nadu rep.by its Secretary, Higher Education Department, Fort St.George Chennai - 600 009.
2.The Directorate of Collegiate Education College Road, Chennai - 600 006.
3.The Regional Joint Director of Collegiate Education Madurai Region, Madurai.
+1cc to Mr.E.Martin Jayakumar, Advocate SR.No.78182 +1cc to Government Pleader SR.No.78002 W.P.No.29955 of 2018 GMY(30/11/2018)