Murugan.C v. The Joint Director (Higher Secondary)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16996 of 2022 C.Murugan ... Petitioner /vs./ 1.The Joint Director (Higher Secondary), The Directorate of School Education, DPI Campus, Chennai-600 006.

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

3.The Chairman, Teachers Recruitment Board, DPI Campus, Chennai-600 006.

4.The Member Secretary, Tamilnadu State Council for Higher Education, Kamarajar Salai, Chennai.

5.The Chief Educational Officer, Office of Chief Educational Office, Tirunelveli.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation, dated 11.02.2022, within the time frame by this Court. For Petitioner : M/s.P.Selvakamatchi For R-1, R-2, R-4 & R-5 :

Mr.A.Kannan, Additional Government Pleader For R-3 :

Mr.V.R.Shanmuganathan Standing Counsel

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 first respondent on 11.02.2022 seeking to issue PGTRB Chemistry appointment order after considering the relevant G.O(MS)No.33, dated 15.02.2021. 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 2/5

other, instead of keeping the same pending indefinitely. As such, nonconsideration 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 first respondent herein to consider the petitioner's representation dated 11.02.2022 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 concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

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Index : Yes / No Internet : Yes / No btr/lm To 1.The Joint Director (Higher Secondary), The Directorate of School Education, DPI Campus, Chennai-600 006.

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

3.The Chairman, Teachers Recruitment Board, DPI Campus, Chennai-600 006.

4.The Member Secretary, Tamilnadu State Council for Higher Education, Kamarajar Salai, Chennai.

5.The Chief Educational Officer, Office of Chief Educational Office, Tirunelveli.

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M.S.RAMESH, J.

btr/lm Order made in W.P.(MD)No.16996 of 2022 Dated:

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