Y.Parimala vs The Director Of Collegiate ...
2021 Latest Caselaw 3188 Mad

                                                                                   W.P.No.2805 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED 10.02.2021

                                                          CORAM :

                                   THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                                  W.P.No.2805 of 2021

                     Y.Parimala                                               ... Petitioner
                                                               Vs

                     1. The Director of Collegiate Education,
                        Nungambakkam, Chennai.

                     2. The Regional Joint Director,
                       Collegiate Education,
                       Katpadi, Vellore District.                              ... Respondents

                     Prayer: Writ petition filed under Article 226 of the Constitution of India,
                     praying to issue a writ of Mandamus, directing the respondents to issue
                     teaching experience certificate from the period she served as a guest lecturer
                     that is 2008-2009, 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-
                     2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019 on the
                     basis of the representation given by the petitioner on 03.10.2020.


                                      For Petitioner      : Mr.D.Rajagopal

                                      For Respondents : Mr.Karthikeibalan




                     1/6


https://www.mhc.tn.gov.in/judis/
                                                                                      W.P.No.2805 of 2021

                                                      ORDER

This writ petition has been filed, seeking a direction to the

respondents to issue Teaching Experience Certificate from the period she

served as a guest lecturer that is 2008-2009, 2009-2010, 2010-2011, 2011-

2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-

2018 and 2018-2019 on the basis of the representation given by the

petitioner on 03.10.2020.

2. By consent of both sides, final orders are passed in the writ

petition in the admission stage. Mr.Karthikeibalan, learned Standing

counsel takes notice for respondents.

3. It is the case of the petitioner that the petitioner who working as a

Guest Lecturer in the Government Thirumagal Mills College, Gudiyatham

since 2005, was refused to issue a certificate of Teaching Experience for 11

years by the Principal of the said College. The Principal of the said college

has issued a Certificate for the years 2008-2009, 2017-2018 and 2018-2019,

by ignoring 8 years based on the instruction given by the respondents.

While the petitioner was applying for the post of Assistant Professor, call

https://www.mhc.tn.gov.in/judis/ W.P.No.2805 of 2021

for by the Teachers Recruitment Board, the name of the petitioner was

ignored since she has not possess more than 5 years of Teaching experience,

though she served the institution for 15 years. Hence, the petitioner has

made a representation dated 03.10.2020 to the respondents to issue

Teaching Experience Certificate in addition for the periods from 2008 -2009

upto 2018-2019, in the light of the orders passed by this Court in

W.P.No.18186 of 2013, dated 12.07.2013. As there is no action on the part

of the respondents, the petitioner is before this Court by way of filing writ

petition.

4. The learned Standing counsel appearing for the respondents would

submit that the representation of the petitioner will be considered in terms

of Rules / Guidelines / norms, after affording an opportunity of hearing to

the petitioner.

5. In view of the submission made by the counsel appearing for the

respondents, and if the Petitioner's representation is already pending with

the authorities concerned and, not disposed of earlier, this Court directs the

https://www.mhc.tn.gov.in/judis/ W.P.No.2805 of 2021

respondents to consider the representation of the petitioner dated

03.10.2020 by taking note of the the Judgment of this Court made in

W.P.No.18186 of 2013, dated 12.07.2013, if the guidelines are applicable to

the petitioner and pass appropriate orders, in accordance with law, after

affording an opportunity of hearing to the petitioner, as expeditiously as

possible, preferably within a period of 30 days from the date of receipt of a

copy of this order.

6. The petitioner shall furnish her phone number, email ID, if any,

etc., along with a copy of the representation dated 03.10.2020 and this

order, to the respondents forthwith. The respondents are directed to

communicate the decision taken on the representation, to the petitioner

within a period of three weeks from the date of decision taken thereon, by

way of SMS/Email/registered post/speed post, so that there is no need for

the parties to file contempt after expiry of the specified period. In case the

authorities concerned fail to send communication to the parties, they will

have to face the civil imprisonment in case of contempt proceedings and, if

they are unable to serve the order and the cover being returned un-served for

https://www.mhc.tn.gov.in/judis/ W.P.No.2805 of 2021

one reason or the other, the same shall be kept in the file without opening it

for the proof of attempt of delivery, so that the parties, at a later point of

time, will not take a plea that she is not aware of the order.

7. With the above direction, this writ petition is disposed of. No

costs.

10.02.2021 vum Index: Yes/No Speaking order / Non speaking order

To:

1. The Director of Collegiate Education, Nungambakkam, Chennai.

2. The Regional Joint Director, Collegiate Education, Katpadi, Vellore District.

S.VAIDYANATHAN,J.,

https://www.mhc.tn.gov.in/judis/ W.P.No.2805 of 2021

vum

W.P.No.2805 of 2021

10.02.2021

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