The Secretary v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P(MD)No.17024 of 2019 The Secretary, St. Joseph's College (Autonomous), Tiruchirappalli - 625 002, Tiruchirappalli District.
... Petitioner vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Department of Higher Education, Fort St. George, Chennai - 600 009.
2.The Director of Collegiate Education, College Road, Chennai - 600 006.
3.The Joint Director of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli, Tiruchirappalli District - 620 020.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent Joint Director to approve forthwith the appointment of 13 teaching staffs (Name List annexed) in the petitioner's College and disburse the grant-in-aid towards their salary and allowances with effect from the respective dates of their appointment. For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents : Mr.C.M.Mari Chelliah Prabhu, Additional Government Pleader.
ORDER
This Writ Petition is filed seeking for a Writ of Mandamus, to direct the third respondent to approve the appointment of 13 teaching staffs in the petitioner's College and disburse the grantin-aid towards their salary and allowances. 2.Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader accepts notice on behalf of the respondents. 1/3
3.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 4.According to the petitioner, out of 151 teaching posts sanctioned to the College, 13 posts fell vacant and the College filled the said posts on various dates and given the details of 13 appointments with date of appointment and vacancy in the affidavit. 5.The learned counsel appearing for the petitioner contended that the Bharathidasan University has granted qualification approval to 13 teachers by proceedings, dated 20.02.2019, bearing letter No.17826/D6/2018. The learned counsel appearing for the petitioner further submitted that the petitioner submitted a proposal to the third respondent by proceedings, dated 25.02.2019. Since no order has been passed on the said proposal, the petitioner has come up with the present Writ Petition.
6.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
7.Considering the limited scope of the prayer made in the Writ Petition and also considering the nature of the relief sought for by the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the proposal submitted by the petitioner, dated 25.02.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 8.With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) ps To 1.The Secretary, Rep. by the State of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai - 600 009.
2.The Director of Collegiate Education, College Road, Chennai - 600 006.
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3.The Joint Director of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli, Tiruchirappalli District - 620 020.
+1 CC to M/s.GP ( SR-89027[F] dated 24/09/2019 ) +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-88750[F] dated 24/09/2019 ) 23.09.2019 KK/SAR/04.10.2019/3P-6C/ 3/3