Kalaiselvi.R v. The Director Of Collegiate Education,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH R.Kalaiselvi

...Petitioner

Vs.

1.The Director of Collegiate Education, DPI Campus, College Road, Chennai-600 006.

2.The Joint Director of Collegiate Education, O/o. the Joint Director of Collegiate Education, Palam Station Road, Sellur, Opp to Ganapathy Silks, Madurai-625 002.

3.The Principal, Devanga Arts College, Aruppukottai, Virudhunagar District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, the second respondent to declare the probation of the petitioner in the post of Assistant Professor in English on completion of two years from the date of her appointment and to provide all consequential benefits within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R-1 and R-2 : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

Since the petitioner's request to the respondents to declare her probation in the post of Assistant Professor in English on completion of two years from the date of her appointment and to provide all consequential benefits were not considered, the Writ Petition has been filed. According to the petitioner, she has made a representation in this regard on 12.01.2021, which is still pending.

2. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would 1/3

amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

3. In the light of the above observations, it would be appropriate to direct the second respondent herein to consider the petitioner's representation dated 12.01.2021, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

4. Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 12.01.2021, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Director of Collegiate Education, DPI Campus, College Road, Chennai-600 006.

2.The Joint Director of Collegiate Education, O/o. the Joint Director of Collegiate Education, Palam Station Road, Sellur, Opp to Ganapathy Silks, Madurai-625 002.

2/3

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-2330[F] dated 29/01/2021 ) +1 CC to M/s.SPL GP ( SR-2389[F] dated 29/01/2021 ) 27.01.2021 ES(CO) KB(15.02.2021) 3P 5C 3/3