Disposed

Samuel Nayagam.L.M v. The State of Tamil Nadu

Madras HC20 Feb 2024WP(MD)/2136/2024

Case brief

AI extract

What is this about?

Writ petition seeking approval of the petitioner's appointment as Assistant Professor in English in an aided minority college from 2007 to 2014, on parity with similarly placed persons. Without going into merits, the court directed the petitioner to represent to the college, which was to forward a proposal for approval within eight weeks.

What did the court decide?

Direction to petitioner to make representation; college to forward proposal; 2nd respondent to pass appropriate orders within eight weeks. No costs.

Samuel Nayagam.L.M Vs The State of Tamil Nadu — Education and Admissions | Madras HC (2024)

¶1

W.P.(MD).No.2136 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 20.02.2024

¶4

CORAM

¶5

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

¶6

W.P.(MD).No.2136 of 2024

¶7

L.M.Samuel Nayagam ... Petitioner

¶8

Vs.

¶9

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

¶10

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

¶11

3.The Joint Director of Collegiate Education, Tirunelveli Region, Gandhi Nagar, Tirunelveli-627 008.

¶12

4.The Registrar, Manonmaniam Sundaranar University, Tirunelveli District.

¶13

5.Nesamony Memorial Christian College, Rep. by its Secretary cum Correspondent, Marthandam, Kanyakumari District. ... Respondents

¶14

1/8 https://www.mhc.tn.gov.in/judis

¶15

W.P.(MD).No.2136 of 2024

¶16

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2^nd respondent herein to approve the petitioner's appointment as Assistant Professor in the Department of English in the 5^th respondent College in the sanctioned aided vacancy caused due to the retirement of Mr.C.Issac with effect from 14.06.2007 to 18.12.2014 in the light of the approval given by the 2^nd respondent to the similarly placed persons on the basis of the common order passed in W.P.Nos. 24540, 6226, 6573, 9247 of 2013 and W.P.No.29335 of 2012 dated 11.08.2017 with monetary and all other service benefits.

¶17

For Petitioner : Mr.B.Brijesh Kishore For R-1 to R-3 : Mr.N.Ramesh Arumugam, Government Advocate (CIVIL) For R-4 : Mr.Mahaboob Atiff For R-5 : Mr.Deepak

¶18

ORDER

¶19

The present writ petition has been filed seeking direction to the 2^nd respondent to approve the petitioner's appointment as Assistant Professor in the Department of English in the 5^th respondent College in the sanctioned aided vacancy caused due to the retirement of Mr.C.Issac with effect from 14.06.2007

¶20

2/8 https://www.mhc.tn.gov.in/judis

¶21

W.P.(MD).No.2136 of 2024

¶22

to 18.12.2014 in the light of the approval given by the 2^nd respondent to the similarly placed persons on the basis of the common order passed in W.P.Nos. 24540, 6226, 6573, 9247 of 2013 and W.P.No.29335 of 2012 dated 11.08.2017 with monetary and all other service benefits.

¶23

The brief facts which are necessary for the disposal of this Writ Petition is as follows:-

¶24

(i) The 5 th respondent College is a Government Aided Minority Educational Institution. The petitioner was originally appointed as un-approved staff with effect from 19.09.2003 as Lecturer in the Department of English in the 5 th respondent College in the retirement vacancy of Dr.G.Oliver Robert Son. Thereafter, he was appointed as Lecturer and now designated as Assistant Professor in the Department of English in the 5 th respondent college vide proceedings dated 14.06.2007. The 3 rd respondent vide proceedings dated 03.11.2015 approved the petitioner's appointment as Assistant Professor in the Department of English with effect from 19.12.2014 forenoon. However, the 2 nd respondent did not approve the petitioner's appointment as Assistant Professor

¶25

3/8 https://www.mhc.tn.gov.in/judis

¶26

W.P.(MD).No.2136 of 2024

¶27

in the Department of English with effect from 14.06.2007 to 18.12.2014. Since the same being a sanctioned aided post, similarly placed persons like petitioner who were working as Assistant Professors in various Departments before the 5 th respondent college constrained W.P.No.29335 of 2012 etc., batch in which this Court, vide order, dated 11.08.2017 was pleased to allow the writ petition.

¶28

(ii) On the basis of the said common order passed by this Court on 11.10.2018 permission to the 3 rd respondent to grant approval for appointment of the writ petitioners in those writ petitions in W.P.No.29335 of 2012 etc., batch was accorded. Despite the 2 nd respondent having considered the grievances of similarly placed persons like the petitioner for grant of approval for their appointment who are working in various departments in the 5 th respondent college from the date of their initial appointment in the sanctioned aided vacancy. The respondents 2 and 3 are failed to redress the grievances of the petitioner. Hence, the petitioner made a representation before the 2 nd respondent dated 23.12.2023 with a copy to grant of approval for the petitioner's appointment as Assistant Professor in the Department of English in

¶29

4/8 https://www.mhc.tn.gov.in/judis

¶30

W.P.(MD).No.2136 of 2024

¶31

the 5 th respondent. Since the same was not considered, the present writ petition came to be filed.

¶32

Heard, the learned Counsel appearing for the petitioner and the learned Government Advocate (CIVIL) appearing for the respondents 1 to 3, learned Counsels appearing for the respondents 4 and 5. Carefully perused the materials available on record.

¶33

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 respondent 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 made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

¶34

5/8 https://www.mhc.tn.gov.in/judis

¶35

W.P.(MD).No.2136 of 2024

¶36

It is made clear that without going into the merits of this case, this

¶37

Court hereby direct the petitioner to make a representation before the 5^th respondent College with immediate effect. On receipt of the same, the 5^th respondent College is directed to sent a proposal for the grant of approval of the appointment of the petitioner as the Assistant Professor to the 2^nd respondent. On receipt of the same, the 2^nd respondent is directed to pass appropriate orders in accordance with law within a period of eight (8) weeks therefrom.

¶38

Accordingly, this Writ Petition stands disposed of. No costs.

¶39

20.02.2024

¶40

NCC : Yes / No Index : Yes / No Internet : Yes Sml

¶41

6/8 https://www.mhc.tn.gov.in/judis

¶42

W.P.(MD).No.2136 of 2024

¶43

¶44

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

¶45

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

¶46

3.The Joint Director of Collegiate Education, Tirunelveli Region, Gandhi Nagar, Tirunelveli-627 008.

¶47

7/8 https://www.mhc.tn.gov.in/judis

¶48

W.P.(MD).No.2136 of 2024

¶49

L.VICTORIA GOWRI, J.

¶50

Sml

¶51

W.P.(MD).No.2136 of 2024

¶52

20.02.2024

¶53

8/8 https://www.mhc.tn.gov.in/judis

Samuel Nayagam.L.M v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Samuel Nayagam.L.M v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Madhuranjani Vs The Director

Kalpana Vs The Director

Shanmuga Muthaiya.P Vs The General Manager

B.Sree Valli Vs The Director of School Education

A.Vanaja Vs The District Collector

Mayalagu.K Vs The District Collector