Sundarambal.K v. The Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Dr.K.Sundarambal

...Petitioner

Vs.

1.The Director of Collegiate Education, Directorate of Higher Education, Chennai.

2.The Joint Director of Collegiate Education, Directorate of Higher Education, Trichy.

3.The Principal, H.H.The Rajah's Government College of Arts and Science, Pudukottai.

4.Dr.M.Prasanth, Guest Lecturer, H.H. The Rajah's Government College of Arts and Science, Pudukottai.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 01.02.2021, within the time frame has fixed by this Court. For Petitioner : Mr.S.R.A.Ramachandran For Respondents : Mrs.VPM.Vaishnavi for R1 & R2 Government Advocate

O R D E R

Since no adverse is going to be passed against the respondents 3 and 4, notice to them is dispensed with. By consent of the available parties, this writ petition is taken up for final disposal at the stage of admission itself.

2.Since the petitioner's representation dated 01.02.2021, was not considered, by the respondents 1 to 3, the Writ Petition has been filed.

1/3

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 respondents 1 to 3 herein to consider the petitioner's representation, dated 01.02.2021, 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 respondents 1 to 3 to consider the petitioner's representation dated 01.02.2021, on its own merits and pass appropriate orders in accordance with law, within a period of twelve 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(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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.

2/3

To 1.The Director of Collegiate Education, Directorate of Higher Education, Chennai.

2.The Joint Director of Collegiate Education, Directorate of Higher Education, Trichy.

3.The Principal, H.H.The Rajah's Government College of Arts and Science, Pudukottai.

+1 CC to M/s.SPL GP ( SR-10611[F] dated 11/03/2021 ) +1 CC to M/s.S.R.A.RAMACHANDRAN, Advocate ( SR-10814[F] dated 12/03/2021 ) 11.03.2021 mj(CO) TR(08.04.2021) 3P 6C 3/3