G.T.N.Arts College v. The Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH G.T.N.Arts College, rep. by its Secretary, Mr.K.Rethinam, S/o.Mr.Karuppiah, 1/1, Selvi Illam, G.T.N.Salai, Dindigul.

... Petitioner Vs.

1.The District of Collegiate Education, Saidapet, Chennai - 600 015.

2.The Regional Joint Director Collegiate Education, Madurai Region, Madurai.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the first respondent to consider the representation/proposal, dated 10.03.2022, of the petitioner college seeking sanction of 2 additional/new posts to be more precise 1 post in History and 1 post in Chemistry within a time to be stipulated by this Court. 1/4

For Petitioner : Mr.E.Martin Jayakumar For Respondents : Mr.V.Nirmal Kumar Government Advocate

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 a representation/proposal to the respondents on 10.03.2022 seeking sanction of 2 additional/new posts to be more precise 1 post in History and 1 post in Chemistry. 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, 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 2/4

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/proposal dated 10.03.2022 on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months 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.

22.08.2022 Index : Yes / No Speaking Order/ Non Speaking Order TM To 1.The District of Collegiate Education, Saidapet, Chennai - 600 015. 2.The Regional Joint Director Collegiate Education, Madurai Region, Madurai.

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M.S.RAMESH,J.

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