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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S. RAMESH, J.
K.M.S. Maruthi Rajguru – Appellant
Versus
The Chief Educational Officer, Thirupathur & Others – Respondents
W.P. No. 32227 of 2022
Decided On : 06-06-2023
Mandamus - Promotion - Duty of Statutory Authority to Consider Representation - The court directed the respondents to consider the petitioner's representations for promotion to the post of P.G. Assistant (Botany) in accordance with law within a stipulated time, emphasizing the duty of the Statutory Authority to consider such representations and pass appropriate orders.
Fact of the Case:
The petitioner sought promotion to the post of P.G. Assistant (Botany) in the fourth respondent school through representations, which were not considered by the respondents. The petitioner filed a Writ Petition under Article 226 of the Constitution of India to compel the respondents to consider the representations.
Finding of the Court:
The court emphasized the duty of the Statutory Authority to consider representations on their own merits and pass appropriate orders, and invoked its extraordinary powers under Article 226 of the Constitution of India to direct the respondents to consider the petitioner's representations within a stipulated time.
Issues: Non-consideration of representations by the Statutory Authority and the petitioner's entitlement to have the representations considered for promotion.
Ratio Decidendi: The duty of the Statutory Authority to consider representations on their own merits and pass appropriate orders, and the court's power under Article 226 of the Constitution of India to direct the respondents to consider the representations within a stipulated time.
Final Decision: The court directed the second respondent to consider the petitioner's representations dated 07.08.2019 and 15.10.2022 on its own merits and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of the court's order. The Writ Petition was disposed of with no costs.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and pass orders on the same representation of the petitioner dated 07.08.2019 and 15.10.2022 with regard to promotion of the petitioner as a P.G. Assistant (Botany), in the 4th respondent school, as per Rule 15(4) of the Tamil Nadu Recognised Private School (Regulations) Rule, 1947 and as per seniority, in the vacancy caused due to retirement of Tmt.Yunis Chandrodhayam, P.G. Assistant (Botany) on 30.06.2022.)
1. The petitioner herein had given representations to the respondents on 07.08.2019 and 15.10.2022, seeking promotion to the post of P.G. Assistant (Botany) in the fourth respondent school. The said representations have not been considered till date and hence, the petitioner has preferred the present Writ Petition.
2. 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 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, non-consideration 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 the India and direct them to consider the same within a stipulated time.
3. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner''s representations dated 07.08.2019 and 15.10.2022 on its own merits and pass appropriate orders in accordance with law, within a period of eight 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 views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
4. With the above directions, the Writ Petition stands disposed of. No costs.
The duty of the Statutory Authority to consider representations on their own merits and pass appropriate orders, and the court's power under Article 226 of the Constitution of India to direct the res....
The court's decision highlighted the principle of mandamus to compel the performance of a public duty, emphasizing expeditious consideration of representations for promotion.
Relinquishment of promotion to a particular vacancy does not permanently extinguish the right to be considered for promotion to any vacancy arising in the future, as per the interpretation of Rule 28....
Court directs consideration of promotion representation on merits within six weeks without merits adjudication.
Court directs consideration of promotion representation expeditiously without merits adjudication in writ petition.
The court's power to issue a mandamus to compel the performance of a public duty.
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