Arathichandran.R.L v. The Joint Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH R.L.Arathichandran

...Petitioner

Vs 1.The Joint Director of School Education, College Road, Chennai.

2.District Educational Officer, Cheranmahadevi, Tirunelveli District.

3.The Supervisor, Vattara Vala Maiyam (SSA), Ambasamuthiram, Tirunelveli District.

...Respondents

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to evaluate the petitioner's M.Ed decree certificate and consequently grant the incentives and all other attendant and monetary benefits to her, within the stipulated period that may be fixed by this Court.

For Petitioner : Mr.Sivakumar.S For R1&R2 : Mr.N.Shanmugaselvam Additional Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to evaluate his M.Ed decree certificate and consequently grant the incentives and all other attendant and monetary benefits were not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 18.11.2020, which is still pending.

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, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified 1/3

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, it would be appropriate to direct the second respondent herein to consider the petitioner's representation dated 18.11.2020, within a stipulated time and thereby the ends of justice could be secured. 5.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 18.11.2020, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Joint Director of School Education, College Road, Chennai.

2.The District Educational Officer, Cheranmahadevi, Tirunelveli District.

3.The Supervisor, Vattara Vala Maiyam (SSA), Ambasamuthiram, Tirunelveli District.

2/3

+1 CC to M/s.GP ( SR-119[F] dated 05/01/2021 ) +1 CC to M/s.S.SIVA KUMAR, Advocate ( SR-43[F] dated 05/01/2021 ) Order made in 04.01.2021 SSS(CO) KK(19.01.2021) 3P 6C 3/3