Chandrasekar v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P(MD) No.2364 of 2021 Chandrasekar
...Petitioner
Vs.
1.The Director, School Education Department, College Road, Chennai.
2.The Chief Educational Officer, O/o. Chief Educational Office, Trichy District, Trichy.
3.The District Educational Officer, Musiri, Trichy District.
4.The Head Master, Government Higher Secondary School, Sobana puram, Musiri Taluk, Trichy District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarifed Mandamus, to call for the entire records in connection with the impugned order passed by the second respondent in R.C.No.05886/B1/2020 dated 17.12.2020, quash the same as illegal and consequently directing the respondents to provide the employment to the petitioner as a B.T.Assistant (English) at Government High School, Sobanapuram, Musiri Taluk, Trichy District.
For Petitioner : Mr.D.Anbarasu For Respondents : Mr.A.Thiyagarajan Government Advocate
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.Though the petitioner has sought for issuance of a writ 1/3
of certiorarified Mandamus, to quash the impugned order passed by the second respondent in R.C.No.05886/B1/2020 dated 17.12.2020 and consequently to direct the respondents to provide employment to him as a B.T.Assistant (English) at Government High School, Sobanapuram, Musiri Taluk, Trichy District, the learned counsel for the petitioner would submit that he would be satisfied if the representation dated 09.01.2021 given by the petitioner, is directed to be considered by the respondents within a stipulated time.
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, nonconsideration 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 second respondent herein to consider the petitioner's representation dated 09.01.2021, 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. 5.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 09.01.2021, on its own merits and pass appropriate orders 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 stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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 2/3
that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:
1.The Director, School Education Department, College Road, Chennai.
2.The Chief Educational Officer, O/o. Chief Educational Office, Trichy District, Trichy.
3.The District Educational Officer, Musiri, Trichy District.
4.The Head Master, Government Higher Secondary School, Sobana puram, Musiri Taluk, Trichy District +1 CC to M/s.SPL GP ( SR-5643[F] dated 17/02/2021 ) +1 CC to M/s.D.ANBARASU, Advocate ( SR-5765[F] dated 17/02/2021 ) 16.02.2021 tp(CO) KK(02.03.2021) 3P 7C 3/3