John Jildoss .J v. Teachers Recruitment Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.14165 of 2024 J.John Jildoss ... Petitioner Vs.

1.Teachers Recruitment Board, Represented by its Chairman, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600 006.

2.The Director of School Education, DPI Campus, Chennai - 600 006.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent i.e. the Teachers Recruitment Board, Represented by its Chairman, Chennai to provide the OMR Response Sheet already sought for by the petitioner, within a specified time frame that may be fixed by this Court, so that he can make his valid objections.

1/6

For Petitioner : Ms.T.Jayanthi For Respondents : Mr.VR.Shanmuganathan (R1) Mr.J.Ashok (R2) Additional Government Pleader

ORDER

The petitioner has filed this Writ Petition seeking for a Writ of Mandamus directing the first respondent to provide the OMR Response Sheet already sought for by the petitioner, within a specified time frame that may be fixed by this Court, so that he can make his valid objections.

2. Heard Ms.T.Jayanthi, learned counsel for the petitioner, Mr.VR.Shanmuganathan, learned counsel for the first respondent and Mr.J.Ashok, learned Additional Government Pleader for the second respondent.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/6

4. The petitioner herein had given a request / representation to the respondents on 23.05.2024 to provide the OMR Response Sheet. Since the said representation was not considered by the respondents so far, the present writ petition has been filed.

5. 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. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.

3/6

6. In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's request / representation dated 23.05.2024 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. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on its own merits.

7. With the above direction, the Writ Petition stands disposed of. No costs.

01.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No sm 4/6

To 1.Teachers Recruitment Board, Represented by its Chairman, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600 006.

2.The Director of School Education, DPI Campus, Chennai - 600 006.

5/6

R.N.MANJULA , J.

sm Order made in W.P.(MD)No.14165 of 2024 01.07.2024 6/6