Manonmani .N v. The Principal Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Dr.N.Manonmani ... Petitioner Vs.

1. The Principal Secretary to the Government, Department of Higher Education, Fort.St.George, Chennai - 9.

2. The Director of Collegiate Education, DPI Campus, Chennai - 6.

3. The Secretary, Teachers Recruitment Board, DPI Compound, College Road, Chennai.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondents to include the petitioner's name in the approved list of selected candidates to the post of Assistant Professor issued by the third Respondent Teachers

Recruitment Board for the year 2008-2009 in the light of the Judgement of this Court in W.P(MD)No.5885 of 2009 dated 30.03.2015 and to provide all consequential benefits by way of extending the benefit of Government Order in G.O.(2T).No.2, Higher Education Department, dated 11.01.2021 within the time period stipulated by this Court. For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Mr.S.Shaji Bino Special Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the Respondents to include the petitioner's name in the approved list of selected candidates to the post of Assistant Professor issued by the third Respondent Teachers Recruitment Board for the year 2008-2009 in the light of the Judgement of this Court in W.P(MD)No.5885 of 2009 dated 30.03.2015 and to provide all consequential benefits by way of extending the benefit of Government Order in G.O.(2T).No.2, Higher Education Department, dated 11.01.2021.

2. The case of the petitioner is that the petitioner has completed Ph.D., in Chemistry and she has published three articles in Chemistry subject in the year 2008. The petitioner has participated in the recruitment process to the post of Assistant Professor issued by the Teachers Recruitment Board for the year 2008-2009. Though the petitioner was participated in the interview, her name was not included in the provisional selection list. Aggrieved over the same, the petitioner has filed a Writ Petition before this Court in W.P.(MD)No.5885 of 2009. This Court, by an order dated 09.07.2009, granted an interim order directing the Teachers Recruitment Board to keep one post as vacant. Further on 30.03.

2015, when the said Writ Petition came up for final hearing, this Court allowed the Writ Petition and directed the second respondent to award two marks to the petitioner for the Articles published by her and issue appointment order to her in the post, which is kept vacant as per the orders of this Court. Thereafter, the petitioner was appointed on 28.02.2011 in the post of Assistant Professor at Sri Meenakshi Government Arts College for Women (Autonomous).

Teachers Recruitment Board for the year 2008-2009, she made a representation to the respondents on 16.04.2021. However, no order was passed till date. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the concerned respondent is directed to dispose of the representation of the petitioner, dated 16.04.2021, on merits and in accordance with law, within a specified period.

4. The learned Special Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the concerned respondent to consider the petitioner's representation, dated 16.04.2021 and pass appropriate 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.

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

13.12.2022 Index : Yes / No Speaking Order : Yes / No vji To

1. The Principal Secretary to the Government, Department of Higher Education, Fort.St.George, Chennai - 9.

2. The Director of Collegiate Education, DPI Campus, Chennai - 6.

3. The Secretary, Teachers Recruitment Board, DPI Compound, College Road, Chennai.

M.DHANDAPANI,J.

vji 13.12.2022