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Madras High CourtWP(MD)/12192/2016disposed of

Dr.R.Radhika Devi v. The Convener

2016-07-12Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12192 of 2016 R.Radhika Devi

...Petitioner

Vs.

1.The Convener, Madurai Kamaraj University/ The Higher Education Secretary, Government of Tamil Nadu, St.George Fort, Chennai.

2.The Registrar, Madurai Kamaraj University, Madurai ... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated 27.07.2015 and to pass suitable orders on the nomination of the petitioner as Director-in-charge for Women's Studies Centre, Madurai Kamaraj University, Madurai on the basis of the pending proposal dated 19.01.2016 of the second respondent within the time stipulated by this Court.

For Petitioner :Mr.Babu Rajendran For Respondents :Mr.T.Sakthi Kumaran

O R D E R

The petitioner Dr.R.Radika Devi, was initially appointed as an Officer, Grievance Redressal Cell, Directorate of Distance Education Exam Wing from 2008 and subsequently appointed as Assistant Professor in the Women's Studies Centre, Madurai Kamaraj University, Madurai, by the Registry of Madurai Kamaraj University on 01.08.2013, since then, she has been serving without giving any room for complaints.

2.Learned counsel for the petitioner would subit that the Women's Studies Centre of Madurai Kamaraj University has been placed under Phase-I during XIIth Plan, as per the revised pattern

of the sanctioned teaching posts, one Associate Professor, one Assistant Professor, and one Research Associate post were created. But the University in its notification dated 16.12.2012, has called for only one Associate Professor and one Assistant Professor, however, the selection committee recruited two Assistant Professors and one Research Associate by reducing the post of Associate Professor to Assistant Professor and the same was also placed before the Syndicate of the University for approval on 12.07.2014. It is also submitted that no initiatives thereafter were taken by the University, as a result, the Grantsin-aid given by the University Grants Commission (UGC) was delayed.

3. Adding further, he would submit that since the petitioner is the senior faculty in the Department, she is eligible to become the Head of the Department. After analysing the importance of filling up of the vacancy of Head of the Department (Director In-charge), Joint Action Committee of Faculties and Staff sent a letter to the first respondent to take necessary action to nominate the petitioner as Director in-charge for the Women's Studies Centre as was done in the other centres of the University as per the Madurai Kamaraj University Volume-I, Chapter VIII Statute 24, but till date, the respondents have not taken any action, therefore, he pleaded a direction may be given to the second respondent/Registrar of Madurai Kamaraj University to consider the petitioner's representation dated 27.07.2015 and dispose of the same within a time frame.

4. Mr.T.Sakthikumaran, learned counsel appearing for the Madurai Kamaraj University would submit that the case of the petitioner is under scrutiny by the Syndicate of the University and only after the Vice Chancellor of the University is appointed, case of the petitioner would be dealt with, however, he submitted that speedy action will be taken.

5. Since the first respondent/Convener, beingthe Higher Education Secretary of the Government of Tamilnadu, without waiting of the appointment of Vice Chancellor, the first respondent shall consider the case of the petitioner, in the interest of the University, as expeditiously as possible, preferably within a period of four 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(CS-II) /True copy/ Sub Assistant Registrar

To 1.The Convener, Madurai Kamaraj University/ The Higher Education Secretary, Government of Tamil Nadu, St.George Fort, Chennai.

2.The Registrar, Madurai Kamaraj University, Madurai.

+1 cc to M/s.Babu Rajendran, Advocate in SR.No.35905/16 +1 cc to M/s.T.Sakthi Kumaran, Advocate in SR.No.35982/16 PJL CSL/AAL-MPA/20.07.2016 : 3P/5C W.P.(MD)No.12192 of 2016 12.07.2016