Pushparani.C v. The Commissioner Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16500 of 2022 C.Pushparani ... Petitioner /vs./ 1.The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, College Road, Chennai - 600 006.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd Respondent Teachers Recruitment Board to include petitioner's name in the selection list forthwith as per Rule 10 of the Notification No.05/2017 dated 26.07.2017 and further direct the 1st respondent to appoint as Drawing Teacher (Special Teacher). 1/4

For Petitioner : Ms.A.Amala For Respondents : Mr.A.Kannan Additional Government Pleader (for R1) Mr.V.R.Shanmuganathan Standing Counsel (for R2)

ORDER

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

2.The petitioner herein had given a representation to the second respondent on 13.04.2022 seeking for inclusion of her name in the selection list, as per Rule 10 of the Notification No.05/2017 dated 26.07.2017 and for appointment as Drawing Teacher (Special Teacher). Since the said representation was not considered, the present writ petition has been filed. 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. As such, non2/4

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 second respondent herein to consider the petitioner's representation dated 13.04.2022 on its own merits and pass appropriate orders in accordance with law, within a period of four (4) 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 concerned respondent to consider the same on its own merits. 5.With the above direction, the Writ Petition stands disposed of. No costs. 27.07.2022 Index : Yes / No Internet : Yes / No sm 3/4

M.S.RAMESH, J.

Sm TO:

1.The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, College Road, Chennai - 600 006.

Order made in W.P.(MD)No.16500 of 2022 Dated:

27.07.2022 4/4