Madras High CourtWP(MD)/20236/2016disposed of

The Secretary & Correspondent v. The Director Of Collegiate

2016-10-21Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.20236 of 2016 The Secretary & Correspondent, Pasumpon Muthuramalinga Thevar College, Usilampatti - 625 532 Madurai District.

... Petitioner -vsThe Director of Collegiate Education, College Road, Chennai - 600 006.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to consider and pass orders on the petitioner's appeal dated 23.11.2012 pending under section 37 of the Tamil Nadu Private Colleges (Regulation) Act 1976 within a reasonable time as may be specified by this Court.

For Petitioner : Mr.E.V.N.Siva For Respondent : Mr.M.Murugan Government Advocate

O R D E R

This Writ Petition has been filed seeking a direction to the respondent to consider the petitioner's appeal dated 23.11.2012, pending under section 37 of the Tamil Nadu Private Colleges (Regulation) Act 1976 within a reasonable time as may be specified by this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondent. By consent the writ petition itself is taken up for final disposal at the admission stage.

https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner college is a private aided college, established and administered by a registered society. The college

is governed by the provisions of the Tamil Nadu Private Colleges (Regulation) Act & Rules.

4.Pursuant to the disciplinary proceedings initiated against one Dr.O.Ravi, Lecturer, Department of Mathematics, the petitioner college submitted proposals dated 27.03.2012 to the Joint Director of Collegiate Education, Madurai Region, seeking prior approval to impose the punishment of dismissal as contemplated under Section 19(1) of the Tamil Nadu Private Colleges (Regulation) Act 1976. But the Joint Director of Collegiate Education, refused approval by the proceedings dated 12.11.2012. As against the same, the petitioner college, filed an appeal under Section 37 of the said Act. Though the appeal is filed within a period of one month as prescribed, till date, the appeal is not disposed of and that is pending consideration. 5.The learned Government Advocate appearing for the respondent would submit that the appeal will be disposed of within a period of eight weeks.

6.Accordingly, the respondent is directed to dispose of the appeal dated 23.11.2012 within a period of eight weeks from the date of receipt of a copy of this order.

7.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To The Director of Collegiate Education, College Road, Chennai - 600 006.

+ 1 CC TO Mr.E.V.N.SIVA, ADVOCATE IN SR No. 63005 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 62958 MJ TE/GSV-PM : 18/11/2016 : 2P/4C WP(MD)No.20236 of 2016 21.10.2016 https://hcservices.ecourts.gov.in/hcservices/