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2014 DIGILAW 393 (MAD)

Tamilnadu Private School Teachers Sangam v. State Of Tamilnadu

2014-02-18

M.VENUGOPAL

body2014
Judgment : 1. The petitioner/Teacher Sangam has filed the instant Writ of Mandamus praying for passing of an order of this Court directing the first respondent to dispose of the representation, dated 25.8.2011. 2. According to the petitioner, the second respondent College is running under the control of Delhi Y.M.C.A. National Council, New Delhi (which is not a minority institution). Further, it has not produced any record to show that they are claiming right under the minority status. The petitioner Association initiated lot of proceedings to establish the status of the second respondent College to the effect that it is not coming under the category of minority institution. In regard to the claim of minority status, there were lot of litigations pending before Hon'ble Courts. Without obtaining appropriate orders from the Court, the second respondent College is using influence of the first respondent and sending the representation to the first respondent in order to claim minority status of the College. The first respondent without considering any material or records from the second respondent College and without issuing any notice to the petitioner's Association, passed an order on 21.9.2010 stating that the second respondent College is running under the category of minority status. 3. The plea of the petitioner is that the first respondent simply issued G.O.Ms.No.309 dated 21.9.2010 in a hurry burry fashion to help the second respondent College for the reason best known to it. They made representation, dated 25.8.2011 to the first respondent submitting all the irregularities and violations made by the second respondent in view of G.O.Ms.No.309, dated 21.9.2010 and till date, no orders were passed on the said representation. 4. In terms of the G.O.Ms.No.309, dated 21.9.2010 after one year, status of the institution is to be verified by the Director of Collegiate Education and even though two years period had lapsed, there is no inspection made by the Collegiate Education. The Association members are facing hardship and harassment by the second respondent College under the guise of G.O.Ms.No.309, dated 21.9.2010. In view of the pending representation, they are not able to get any relief from the first respondent. 5. The Association members are facing hardship and harassment by the second respondent College under the guise of G.O.Ms.No.309, dated 21.9.2010. In view of the pending representation, they are not able to get any relief from the first respondent. 5. In view of the fact that the prayer of the petitioner/Teacher Association is only for issuance of direction by this Court to dispose of the representation, dated 25.8.2011 by the first respondent, this Court in the interest of justice, based on equity and fairplay, directs the first respondent to dispose of the representation of the petitioner, dated 25.8.2011 by passing reasoned speaking order by mentioning (outline of process of reasoning) within a period of six weeks (of course after providing necessary opportunities to the petitioner by adhering to the M.VENUGOPAL, J. vaan principles of natural justice if so warrants) from the date of receipt of a copy of this order. With the aforesaid direction, the writ petition stands disposed of. No costs.