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Judgment
Heard Mr.V.R.Shanmuganathan, learned Special Government Pleader, appearing for the appellants and Dr.R.Rajagopal, learned counsel appearing for the respondent.
This writ appeal by the Government is directed against the order, dated 21.11.2016 made in W.P.(MD) No.3947 of 2011, which was filed by the respondent challenging the order of the second appellant, dated 09.12.2010 and to direct the appellants 1 and 2 to select and appoint her in the post of Lecturer in Home Science Department in any one of the Government Colleges in Tamil Nadu, based on the interview conducted by the second appellant on 08.06.2009 and as per the proceedings, dated 29.05.2009.
The Writ Court, after considering the case of both the parties, by the impugned order, dated 21.11.2016, allowed the writ petition with certain directions. The operative portion of the said order reads as follows:
"7. Considering the arguments and the relevant documents produced before this Court, the petitioner appears to have acquired all the qualifications for the appointment of Lecturer in the discipline of Home Science.
Following the judgment of this Court, a direction is issued to the respondents to consider the petitioner to the post of Lecturer as done in the case of similarly placed persons and pass suitable orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order."
The learned Special Government Pleader appearing for the appellants would submit that the respondent should not misconstrue the order passed by the Writ Court as a positive direction, but the appellants should be given liberty to consider as to whether the case of the respondent / writ petitioner is a case similar to that of the case as projected by her.
On perusal of the directions issued by the Writ Court, it is clear that the Writ Court directed the appellants to consider the case of the respondent to the post of Lecturer as done in the case of similarly placed persons and pass suitable orders within a time frame. It goes without saying that there is a sufficient power vested with the appellants to consider as to whether the respondent is entitled to the relief granted to the similarly placed persons. Such exercise shall be completed by the appellants within a period of four weeks from the date of receipt of a copy of this Judgment.
The writ appeal is disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed.