The Secretary v. The Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD).No.3253 of 2021 The Secretary, St.Ignatius College of Education, Palayamkottai-627 002, Tirunelveli District.

... Petitioner Vs.

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

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-627 002. ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent/Joint Director of Collegiate Education to approve forthwith the appointment of Dr.J.Maria Prema as Assistant Professor of Education in the petitioner's College and disburse the grant-in-aid towards her salary and allowances with effect from the date of her appointment viz., 03.07.2019.

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For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents : Mr.J.Ashok, Additional Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the second respondent/Joint Director of Collegiate Education to approve forthwith the appointment of Dr.J.Maria Prema as Assistant Professor of Education in the petitioner College and disburse the grant-in-aid towards her salary and allowances with effect from the date of her appointment viz., 03.07.2019.

2. The case of the petitioner is that in the petitioner College, the post of Assistant Professor of Education fell vacant due to the retirement of one A.Paritha Begam. Hence, the petitioner College has appointed one Dr.J.Maria Prema as Assistant Professor of Education with effect from 03.07.2019. Thereafter, the petitioner College has submitted the proposal to the second respondent seeking to approve her appointment and disburse grant-in-aid towards her salary. However, no order has been 2/5

passed by the second respondent. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if this Court permits the petitioner to send a fresh proposal to the second respondent and on receipt of the same, the second respondent may be directed to consider the same, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents, has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, permits the petitioner to send a fresh proposal to the second respondent and on receipt of the same, the second respondent is directed to consider the same, on merits and in accordance with law, within a period of six 3/5

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. Consequently, connected miscellaneous petition is closed. 03.02.2023 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No To:

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

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-627 002.

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M.DHANDAPANI,J.

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