Rajalakshmi.A v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH A.Rajalakshmi ... Petitioner Vs.

The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Complex, College Road, Chennai.

... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent to consider the teaching experience of four years and above of the petitioner for granting weightage marks (2 marks) to the petitioner along with 1 mark in one mark question totally 3 marks before the publication provisionally selected candidates list for the post of Lecturers in Government Polytechnic Colleges (Engineering / NonEngineering) for the year 2017-2018 vide notification dated 27.11.2019 by considering the representations of the petitioner dated 16.07.2022 and 19.07.2022.

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For Petitioner : Mr.M.Gnanagurunathan For Respondent : Mr.V..Shanmuganathan Standing Counsel

O R D E R

By consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein had given representations to the respondent on 16.07.2022 and 19.07.2022, seeking direction to the respondent to consider the teaching experience of four years and above of the petitioner for granting weightage marks (2 marks) along with 1 mark in one mark question to her before the publication provisionally selected candidates list for the post of Lecturers in Government Polytechnic Colleges (Engineering / NonEngineering) for the year 2017-2018 vide notification dated 27.11.2019.

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. 2/5

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, there shall be a direction to the respondent herein to consider the petitioner's representation dated 16.07.2022 and 19.07.2022, on its own merits and pass appropriate orders in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondent to consider the same on its own merits.

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

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To The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Complex, College Road, Chennai.

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M.S.RAMESH,J.

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