Kanagavalli.N v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH N.Kanagavalli
...Petitioner
Vs.
1.The Principal Secretary, Government of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai - 9.
2.The Director of School Education, DPI Campus, Nungambakkam, Chennai - 6.
3.The Secretary, Tamil Nadu Teacher's Recruitment Board, Chennai - 6.
4.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
5.The Chief Educational Officer, Tenkasi District, Tenkasi.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd and 4th respondents to accommodate the petitioner in the post of Post Graduate Assistant (Tamil) in any one of the existing vacancies, considering the petitioner's representation dated 07.11.2020. For Petitioner : Mr.L.Victoria Gowri For Respondents : Mrs.VPM.Vaishnavi for RR1, 2, 4 & 5 Government Advocate Mr.V.R.Shanmuga Nathan for R3 Standing Counsel 1/3
O R D E R
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to accommodate the petitioner in the post of Post Graduate Assistant (Tamil) in any one of the existing vacancies, was not considered, the Writ Petition has been filed. According to the petitioner, she has made a representation in this regard on 07.11.2020, which is still pending.
3. 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, non-consideration of the representation by the Statutory Authority would 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.
4. In the light of the above observations, it would be appropriate to direct the third respondent herein to consider the petitioner's representation dated 07.11.2020, 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. 5.Accordingly, there shall be a direction to the third respondent to consider the petitioner's representation dated 07.11.2020, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs.
Sd/ Assistant Registrar(CS-II) /True copy/ / /2021 Sub Assistant Registrar(CS- ) 2/3
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 Principal Secretary, Government of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai - 9.
2.The Director of School Education, DPI Campus, Nungambakkam, Chennai - 6.
3.The Secretary, Tamil Nadu Teacher's Recruitment Board, Chennai - 6.
4.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
5.The Chief Educational Officer, Tenkasi District, Tenkasi.
+1 CC to Mrs.L.VICTORIA GOWRI, Advocate IN SR.No.5050 12.02.2021 TM PK/27.02.2021 : 3P/7C 3/3