S.Beulah v. The Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.29466 of 2024 S.Beulah ... Petitioner -vs1. The Director of Collegiate Education, College Road, Chennai - 600 006.

2. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.

3. The Correspondent Cum Secretary, Pope's College (Autonomous), Sawyerpuram - 628 251, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st and 2nd respondents to approve forthwith the appointment of the petitioner as Assistant Professor in Economics in the 3rd respondent College and to disburse the grant in aid towards her salary and all attendant benefits with effect from the date of her appointment viz., 09.10.2023.

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For Petitioner : Mr.T.Cibichakraborthy For Respondents : Mr.T.Amjad Khan (R1 & R2) Government Advocate

ORDER

This writ petition has been filed seeking a direction to the first and second respondents to approve forthwith the appointment of the petitioner as 'Assistant Professor' in Economics in the 3rd respondent College and to disburse the grant in aid towards her salary and all attendant benefits with effect from the date of her appointment viz., 09.10.2023.

2. Heard the learned counsel on either side.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though the aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the proposal submitted by the third respondent dated 25.09.2024, which is still pending with the second respondent, is disposed in accordance with law.

4. 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 him to 2/4

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 in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. Considering the facts and circumstances of this case, this Court directs the second respondent to consider the proposal submitted by the third respondent dated 25.09.2024, and forward the same to the first respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such proposal from the second respondent, the first respondent is directed to consider the same on its own merits and pass appropriate orders, in accordance with law, within a period of two weeks thereafter.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

25.06.2025 NCC : Yes/No Index : Yes / No 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Director of Collegiate Education, College Road, Chennai - 600 006.

2. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.

Order made in W.P.(MD)No.29466 of 2024 Dated:

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