Dr.Ramesh.R v. The Madurai Kamaraj University

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2024

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Dr.R.Ramesh ... Petitioner Vs.

The Madurai Kamaraj University, Rep. By its Registrar, Madurai, Madurai District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent University to consider and pass orders forthwith on the petitioner's representation dated 21.12.2020.

For Petitioner : Mr.T.Antony Arul Raj For Respondent : Mr.T.Sakthi Kumaran, Standing Counsel

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, to direct the respondent University to consider and pass 1/4

orders forthwith on the petitioner's representation dated 21.12.2020. 2.The petitioner is working as an Associate Professor (English) in Manonmaniam Sundaranar University since 30.08.2007. Before taking his appointment as Associate Professor (English) in Manonmaniam Sundaranar University, he served as a Teaching Assistant (equal to the cadre of Lecturer) in the Department of English Language Studies in Madurai Kamaraj University for the period from 14.09.1998 to 27.06.2003 and later served as a Lecturer in English (Faculty Development Programme (FDP) vacancy) at Scott Christian College, Nagercoil for the period between 16.07.2003 to 22.12.2004 and 02.01.2005 to 30.06.2007. The petitioner has sought for experience certificate for the period for which, he served at Madurai Kamaraj University. However, the same was not provided to him. Hence, the petitioner made several representations on various dates and last of which, was on 18.12.2018 and 20.08.2019 and the same was not considered. Hence, this Writ Petition came to be filed. 2/4

3.Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the respondent and carefully perused the entire materials available on record. 4.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 respondent 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 made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

5.In view of the same, this Court hereby direct the respondent University to consider the petitioner's representation dated 21.12.2020 and to pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order. 3/4

L.VICTORIA GOWRI, J.

Mrn 6.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

23.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Mrn Order made in 23.04.2024 4/4