V.Dhayalamani vs The Joint Director Of Collegiate ...

Citation : 2022 Latest Caselaw 15596 Mad
Judgement Date : 21 September, 2022

Madras High Court
V.Dhayalamani vs The Joint Director Of Collegiate ... on 21 September, 2022
                                                                                WA(MD)No.893 of 2010

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 21.09.2022

                                                       CORAM

                                    THE HON'BLE MRS JUSTICE J. NISHA BANU
                                                     AND
                                  THE HON'BLE MR JUSTICE N. ANAND VENKATESH

                                              W.A.(MD)No.893 of 2010

                     1.V.Dhayalamani
                     2.K.Raja Ponnu                                   ... Appellants/Petitioners
                                                        /Vs./

                     1. The Joint Director Of Collegiate Education,
                        Madurai Region,
                        Shenoy Nagar,
                        Maduri 625 020, Madurai District.
                     2.P.Sundaramurty
                     3.S.Hemalatha
                     4.V.Maheswaran
                     5.S.Kumar
                     6.Devanga Arts College,
                       Aruppukottai 626 104,
                       Virudhunagar District,
                       Represented by its Secretary.

                     7.The Registrar,
                       Madurai Kamaraj University,
                       Madurai 625 021.


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https://www.mhc.tn.gov.in/judis
                                                                                WA(MD)No.893 of 2010



                     8. The Union of India,
                        Rep by its Secretary to Government,
                        Ministry of Human Resources Development,
                        Higher Education Department,
                        New Delhi – 110 001.

                     9. The University Grants Commission,
                        Rep. by its Secretary,
                        Bahadur Shah Zafar Marg,
                        New Delhi-110 002.

                     10.The Indira Gandhi National Open University,
                       Rep by its Director,
                       Distance Education Council,
                       Maidan Garhi,
                       New Delhi-110 068.

                     11.Vinayaka Missions University,
                        (Deemed University),
                        Rep by its Director,
                        Directorate of Distance Education,
                        Sankari Main Road,
                        Ariyanur,
                        Salem – 636 308.                           ... Respondents/Respondents

                     (R8 to R11 are impleaded as respondents as per order dated 15.02.2011,
                     made in WP(MD)No.1 of 2011)

                     PRAYER:       Appeal filed under Clause 15 of the Letters Patent, praying this
                     Court to call for the records relating to the order dated 25.10.2010 in
                     WP(MD)No.9456 of 2009 and set aside the same, thereby allow the Writ
                     Appeal.



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https://www.mhc.tn.gov.in/judis
                                                                                      WA(MD)No.893 of 2010

                                        For Appellants    : Mr. S.Palani Velayutham
                                        For Respondents : Mr.D.Sasikumar (R1)
                                                           Additional Government Pleader
                                                           Mr.T.Sakthikumaran (R7)
                                                           Mr.S.Jeyasingh (R8)
                                                           No Appearance (R2 to R6, R9 to R11)

                                                         JUDGMENT

J. NISHA BANU,J.

and N. ANAND VENKATESH,J.

This Writ Appeal has been filed against the order passed by the learned Single Judge of this Court dismissing the writ petition filed by the appellants mainly on the ground that they did not have the locus standi to maintain the writ petition and that the writ petition was more in the nature of Public Interest Litigation.

2.Heard Mr. S.Palani Velayutham, learned counsel appearing for the appellants Mr.D.Sasikumar, learned Additional Government Pleader appearing for the 1st respondent, Mr.T.Sakthikumaran, learned counsel appearing for the 7th respondent and Mr.S.Jeyasingh, learned counsel appearing for the 8th respondent.

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https://www.mhc.tn.gov.in/judis WA(MD)No.893 of 2010

3.The learned Single Judge of this Court, while considering the merits of the case, has categorically found that the appellants were attempting to agitate an issue, which did not directly affect the rights of the appellants and it was more in the nature of Public Interest Litigation.

4.In the considered view of this Court, the order of the learned Single Judge does not require any interference of this Court, since the appellants have not even established the locus standi to maintain the writ petition, wherein they have sought for conducting an enquiry. That apart, the learned Single Judge also found that the enquiry was conducted by the respondent and it was found that all the stakeholders have approved the qualification of the affected teachers.

5.In view of the above, this Writ Appeal stands dismissed. However, considering the facts and circumstances of the case, the costs imposed by the learned Single Judge alone is withdrawn. No costs.




                                                                        (J.N.B.,J.) (N.A.V.,J.)
                                                                                21.09.2022
                     Index              : Yes/No
                     Internet           : Yes

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https://www.mhc.tn.gov.in/judis WA(MD)No.893 of 2010 To:

1. The Joint Director Of Collegiate Education, Madurai Region, Shenoy Nagar, Maduri 625 020, Madurai District.

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https://www.mhc.tn.gov.in/judis WA(MD)No.893 of 2010 J. NISHA BANU,J.

and N. ANAND VENKATESH,J.

sm Judgment in W.A.(MD)No.893 of 2010 Dated 21.09.2022 Page 6 of 6 https://www.mhc.tn.gov.in/judis