Sujatha. S v. The Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Sujatha ... Petitioner Vs.

1.The Director of Collegiate Education, DPI Campus, Chennai - 6.

2.The Commissioner Hindu Religious and Charitable Endowment Department, Chennai - 600 034.

3.The Secretary Sri Devi Kumari Women's College, Kuzhithurai and the Joint Commissioner / Executive Officer, Incorporated and Unicorporated Devsam, Susindram, Kanniyakumari District.

4.Sri Devi Kumari Women's College, Rep. by its Principal, Kuzhithurai, Kanniyakumari District.

5.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to consider the petitioner's application for the post of Lab Assistant in the fourth respondent College.

For Petitioner : Mr.G.Anto Prince For Respondents : Mr.S.Saji Bino - for R1 & R5 Special Government Pleader Mr.R.Ragavendran, - for R2 Government Advocate Mr.K.Sathyasingh - for R3 & R4

O R D E R

This writ petition has been filed to direct the respondents to consider the petitioner's application for the post of Lab Assistant in the fourth respondent College.

2. The case of the petitioner is that she was appointed as Junior Assistant in the fourth respondent College under the self finance scheme. The petitioner has made several representations to the authorities concerned, inter alia, to the respondents herein, Hon'ble Minister of Hindu Religious and Charitable Endowment and to the Member of the Legislative Assembly to appoint her as Junior Assistant in the regular vacancy. However, no order has been passed. Hence, the petitioner has filed a writ petition in W.P. (MD).No.3428 of 2021 before this Court, seeking a direction to absorb her in the post of Junior Assistant in the fourth respondent College. This Court, vide order dated 23.02.2021, disposed the writ petition, directing the respondents 3 and 5 to consider her representation, dated 10.02.2021. Whileso, the third respondent has issued the impugned proceedings, dated

15.06.2021, rejecting the request of the petitioner. Challenging the same, the petitioner has filed a writ petition in W.P.(MD).No.1760 of 2022. This Court, by order, dated 16.08.2022, directed the respondents to permit the petitioner to participate in the selection process. Pursuant to which, the third respondent has called for applications for vacancies in various teaching and non-teaching staff posts in the fourth respondent College through notification Ve.Aa.En:12/Se.Ma.Tho.Aa/Ka.Ku/ dated 09.01.2023. She has applied for the post of Lab Assistant on 20.01.2023. Hence, she prayed to consider her application for the post of Lab Assistant in the fourth respondent College and hence, the present writ petition is filed.

3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the respondents to consider the petitioner's application, dated 20.01.2023 and pass appropriate orders within a reasonable time.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, directs the respondents to consider the petitioner's application, dated 20.01.2023 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

02.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM

To 1.The Director of Collegiate Education, DPI Campus, Chennai - 6.

2.The Commissioner Hindu Religious and Charitable Endowment Department, Chennai - 600 034.

3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District.

M.DHANDAPANI,J.

RM 02.02.2023