Apc Mahalaxmi College For v. State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9631 of 2019 APC Mahalakshmi College for Women Thoothukudi, rep. by its Secretary, C. Subbulakshmi ... Petitioner Vs.
1. State of Tamil Nadu, rep. by Secretary to Government, Department of Higher Education, Fort St. George, 2.The Director of Collegiate Education, College Road, 3.The Regional Joint Director of Collegiate Education, No.18, Thiruchendur Road, Murugankurichy, Tirunelveli.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to permit the petitioner to fill up the sanctioned vacancies of the Teaching Staff namely (2 Assistant Professor in English, 3 Assistant Professor in Tamil, 4 Assistant Professors in History, 3 Assistant Professors in Maths, 3 Assistant Professor in Chemistry, 2 Assistant Professors in Zoology, 1 Assistant Professor in Physics and (3 + 1 Assistant Professors in Commerce, Librarian I) and the Non Teaching Staff namely and consequently, release the grant in Aid to the petitioner's college within the time frame stipulated by this Court.
For Petitioner : Mr.T. Lajapathi Roy For Respondents : Mr. C.M. Mari Chellaiah Prabhu Additional Government Pleader
ORDER
Seeking for a direction to the respondents to permit the petitioner College to fill up the sanctioned vacancies of the teaching and non-teaching staff and for a consequential direction
to release the grant-in-aid to the petitioner's college, the present writ petition has been filed.
2. Mr. C.M. Marichellaiah Prabhu, learned Additional Government Pleader takes notice for the respondents. By consent, the Writ Petition is taken up for disposal in the admission stage itself.
3. The learned Counsel for the petitioner submitted that the petitioner college has been sanctioned 60+1(part time) teaching staff and 38 non-teaching staff by the authority concerned, out of which, 23 teaching posts and 32 non-teaching are vacant due to retirement and hence, praying for permission to fill up the vacancies pertaining to the non-teaching and teaching posts, the petitioner made representation dated 12.04.2018. However, the representation is kept pending without any progress, which has necessitated the filing of this writ petition.
4. The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner would be considered on merits within the time stipulated by this Court.
5. Under such facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation, dated 12.04.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
6. This writ petition is disposed of, on the above terms. No costs.
Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) trp To
1. Secretary to Government, Department of Higher Education, Fort St. George,
2.The Director of Collegiate Education, College Road, 3.The Regional Joint Director of Collegiate Education, No.18, Thiruchendur Road, Murugankurichy, Tirunelveli.
+1CC TO MR.T.LAJAPATHI ROY, Advocate Sr. No.62029 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 621587 W.P(MD)No.9631 of 2019 23.04.2019 MA(CO) TR (04.06.2019) 3P 6C