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Madras High CourtWP(MD)/25431/2019disposed of

G. Sasikumar v. The Director Of Collegiate Education

2020-01-02Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH G. Sasikumar ... Petitioner /vs./ 1.The Director of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai - 600 006.

2.The State of Tamil Nadu, rep. by its Secretary, Department of Higher Education, St. George Fort, Chennai - 600 009.

3.The Member Secretary, Tamil Nadu State Council for Higher Education (TNSCHE), Chennai - 600 005.

4.The Joint Director of Collegiate Education, Department of Collegiate Education, Thanjavur Region, Thanjavur.

5.Dr.T. Arivudainambi, The Joint Director of Collegiate Education, Department of Collegiate Education, Thanjavur Region, Thanjavur.

6.The Principal, Annai College of Arts and Science, Kovilachery, Kumbakonam.

7.The Principal, ABI and ABI College of Arts and Science Technology, Vayalur, Thanjavur - 613 003.

8.The Principal, Marudhupandiyar College, Thanjavur.

... Respondents 1/3

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 3 to direct the respondent No.4 to verify the petitioner certificates of Teaching experience issued by the respondent Nos. 6 to 8 and counter sign the copies of the same by considering the petitioner representation dated 11.11.2019, within the period as stipulated by this Court.

For Petitioner : Mr.A. Haja Mohideen For R-1 to R-4 : Mr.V. Anand Government Advocate

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. Though the petitioner has sought for issuance of writ of mandamus to direct the respondents 1 to 3 to direct the respondent No.4 to verify the petitioner's certificate of Teaching experience issued by the respondent Nos. 6 to 8 and counter sign the copies of the same by considering his representation dated 11.11.2019, in my view, such a decision is to be taken by the respondents and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.

3. The petitioner would submit that he has already made representation on 11.11.2019 in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured.

4. Whenever a representation is made to a statutory authority to redress the claim of the employee, 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. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.

5. In view of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation, dated 11.11.2019, on its own merits and pass appropriate orders within a period of four (4) 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 view with regard to the claim made by the petitioner in his representation and it is for the respondents to consider it in accordance with law. 2/3

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) trp To:

1.The Director of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai - 600 006.

2.The State of Tamil Nadu, rep. by its Secretary, Department of Higher Education, St. George Fort, Chennai - 600 009.

3.The Member Secretary, Tamil Nadu State Council for Higher Education (TNSCHE), Chennai - 600 005.

4.The Joint Director of Collegiate Education, Department of Collegiate Education, Thanjavur Region, Thanjavur.

+1 CC to SPL.GP ( SR-272[F] dated 06/01/2020 ) +1 CC to Mr.A.HAJAMOHIDEEN, Advocate ( SR-195[F] dated 03/01/2020 ) Order made in 02.01.2020 VB(20.01.2020) 3P 7C 3/3