Madras High Court
Pachaiyappa'S Trust Rep.By The vs Ms.M.Arachelvi .. 1St on 27 April, 2021
WA.No.1253/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.04.2021
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM
WA.No.1253/2021 & CMP.No.8013/2021
1.Pachaiyappa's Trust rep.by the
Administrator General and
Official Trustee of Tamil Nadu
High Court of Madras,
Chennai 600 104.
2.Er.R.Jayapragasam
Estate Officer,
Secretary-in-charge,
Pachaiyappa's Trust Board
113, Harrington Road
Chennai – 30. .. Appellants / RR 3
& 8 in WP
Versus
1.Ms.M.Arachelvi .. 1st Respondent /
Writ Petitioner
2.The Government of Tamil Nadu
rep.by Secretary to Government
Higher Education Department
Chennai 600 009.
1
http://www.judis.nic.in
WA.No.1253/2021
3.The Advocate General
Government of Tamil Nadu
Chennai 600 104.
4.The Director of Collegiate Education
College Road, Chennai 600 006.
5.The Joint Director of Collegiate Education,
Chennai Region, Chennai-15.
6.The Joint Director of Collegiate Education
Vellore Region, Vellore.
7.The Association of University Teachers
[Regd Tamil Nadu Joint Action committee
of Pachaiyappa's Trust Board Colleges [JAC-PTBC]
rep.by the Chairman Dr.L.C.Thirumalai
Pachaiyappa's College,
Chennai-600 030. .. Respondents / RR
1,2,4 to 7 in WP
Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent against
the order passed in WMP.No.9226 of 2021 in WP.No.8685/2021 dated
09.04.2021.
For Appellants : Mr.B.Vijay
For R1 : Mr.Naveen Kumar Murthi
For RR2 to 6 : Mr.C.Munusamy
Special Government Pleader
[Edn]
2
http://www.judis.nic.in
WA.No.1253/2021
JUDGMENT
[Judgment of the Court was delivered by M.SATHYANARAYANAN, J.,]
(1) By consent, the writ appeal is taken up for final disposal and is
disposed of by this judgment.
(2) Mr.Naveen Kumar Murthi, learned counsel accepts notice on behalf of
the 1st respondent/writ petitioner.
(3) The Hon'ble Mr. Justice P.SHANMUGAM, a former Judge of this
Court, was appointed as the Interim Administrator vide orders passed
by this court in the relevant legal proceedings and in the capacity, the
Interim Administrator, vide various proceedings, had appointed the
Secretaries to the Pachaiyappa's Trust, Chennai and also replaced
them with some other persons. It is to be noted at this juncture that
such appointments had the approval of the jurisdictional Joint Director
of Collegiate Eduation, Chennai.
(4) The writ petitioner in WP.No.8685 of 2021 – the 1st respondent
herein, consequent upon resignation of Thiru.A.Natarajan, Secretary
[In-charge] of Pachaiyappa's Trust, came to be appointed as Secretary
http://www.judis.nic.in
WA.No.1253/2021
with effect from 10.05.2019 and she was formerly the Joint Secretary
to Government, Home Department, Government of Tamil Nadu and
she also assumed the charge and her appointment was also approved
by the Director of Collegiate Education [Full Additional Charge], vide
proceedings dated 10.07.2019 in Mu.Mu.30944/G1/2019-1.
(5) The Hon'ble First Bench of this Court, vide common judgment dated
23.12.2020 made in OSA.No.346 of 2019 etc., batch, having noted
procedural and other violations, had accepted the Affidavit of the
Interim Administrator dated August, 2020, and relieved the Hon'ble
Judge from the post of the Interim Administrator and in order to
ensure that the Trust properties are managed properly, directed that
the entire management of the Pachaiyappa's Trust shall be taken over
by the Administrator General and Official Trustee [AGOT] of Tamil
Nadu, who shall in consultation with the Advocate General of the
State, take appropriate steps for administering the Trust and its
properties till the learned Single Judge before whom, the matter has
been remanded for fresh consideration, decides the matter [paragraph
No.135 of the common judgment dated 23.12.2020].
http://www.judis.nic.in
WA.No.1253/2021
(6) Accordingly, the AGOT took charge and the said official, vide
communication dated 26.02.2021, had issued one month notice to the
1st respondent/writ petitioner on administrative grounds, for the
purpose of relieving her from the post of Secretary of the
Pachaiyappa's Trust and also issued an advertisement in the leading
English and Tamil News Dailies, inviting applications for recruitment
to the post of Secretary in the said Trust.
(7) The AGOT, vide proceedings dated 05.03.2021 in
RC.No.A3/1493/2018-III, by superseding the proceedings dated
01.03.2021, has relieved the 1st respondent/writ petitioner from the
post of Secretary, Pachaiyappa's Trust, with immediate effect, with a
further direction to hand over the charge with all files and documents
to Mr.R.Jayaprakasam, Estate Officer of the Pachaiyappa's Trust,
Chennai-30 and he in turn, was directed to perform all the duties of
the Secretary of Pachaiyappa's Trust as Full Additional Charge, until
further orders. The AGOT proceeded with the selection of the
Secretary by inviting applications and through the process of
http://www.judis.nic.in
WA.No.1253/2021
interview, has appointed Mr.C.Duraikannu, as the Secretary vide
proceedings dated 05.04.2021 in RC.No.A3/1493/2018-III and
Mr.R.Jayapragasam, Secretary [Full Additional Charge] of
Pachaiyappa's Trust, has also handed over the charge of the said post
to Mr.C.Duraikannu, on 08.04.2021 and as on date, he is performing
the said duty.
(8) The 1st respondent/writ petitioner filed WP.No.8685 of 2021 praying
for issuance of a writ of certiorarified mandamus, to quash the
proceedings of AGOT dated 05.03.2021 in and by which, she was
relieved from the post of Secretary of Pachaiyappa's Trust with
immediate effect and pending disposal of the same, prayed for two
interim orders, i.e., interim stay of the operation of the impugned
order dated 05.03.2021 as well as an order of ad-interim injunction,
restraining the 3rd respondent-Trust from proceeding to appoint
anybody as the Secretary of Pachaiyappa's Trust pending disposal of
the said writ petition.
(9) The matter was listed for admission on 08.04.2021 and it was
adjourned to 09.04.2021. The learned Single Judge had taken up
http://www.judis.nic.in
WA.No.1253/2021
WMP.No.9226/2021 in WP.No.8685/2021 filed for interim stay and
having noted infraction of Rule 9[2] of the Tamil Nadu Private
Colleges Regulation Rules, 1976, coupled with the fact that though
AGOT, vide proceedings dated 26.02.2021, granted one month time
to the 1st respondent/writ petitioner to relieve her from duty, within a
short span of time, passed the impugned proceedings, relieved her
from the said post and having found that the procedure followed,
smacks with arbitrariness and that it is also tainted with mala fide, has
passed an order of status quo as on 17.03.2021 and further made it
clear that any action taken subsequent to 17.03.2021, shall remain
suspended and kept in abeyance.
(10) Mr.B.Vijay, learned counsel for the appellants would submit that
even during the tenure as the Interim Administrator, persons were
appointed as temporary Secretaries and they were replaced and the
jurisdictional officials of the Collegiate Education, has also accorded
approval and in the case on hand, the appointment of
Mr.C.Duraikannu, as the Secretary, has also been approved and that
apart, the said appointment is also purely temporary in nature and
http://www.judis.nic.in
WA.No.1253/2021
which is also subject to the result of the pending litigation before the
learned Single Judge. It is the further submission of the learned
counsel for the appellants by producing the files before this Court that
in pursuant to the advertisement issued in the leading English and
Tamil Dailies, applications were received and were processed and two
rounds of interviews were conducted and one such interview session
was headed by the learned Advocate General himself and after
following a fair and transparent procedure, Mr.C.Duraikannu, was
selected and appointed as the Secretary and he also took charge and in
the light of the interim order of status quo anti, the functions of the
post, almost came to a standstill and hence, prays for interference.
(11) Per contra, Mr.Naveen Kumar Murthi, learned counsel appearing for
the 1st respondent/writ petitioner would submit that Rule 9[2] of the
Tamil Nadu Private Colleges Regulation Rules, 1976, had been given
a complete go-by in the light of the fact that for change in
Secretaryship, prior approval of the Director of Collegiate Education,
has not been taken into consideration and further, drawn the attention
of this Court to the communication of the 1st appellant represented by
http://www.judis.nic.in
WA.No.1253/2021
AGOT, dated 26.02.2021 and would submit that though one month
notice was given to the 1st respondent/writ petitioner for her
relievement on administrative ground, within seven days the
impugned proceedings dated 05.03.2021 came to be passed abruptly,
relieving the 1st respondent/writ petitioner from the post of the
Secretary and the learned Judge, having rightly noted that the
statutory rule infraction coupled with the arbitrary action and mala
fide nature of the order, has rightly granted interim order of status quo
and further points out that the 1st respondent/writ petitioner was the
former Joint Secretary of the Home Department, Government of Tamil
Nadu, rendered her sincere and blemishless service and since the
impugned order visits her with grave civil consequences, at least an
opportunity of putting forth her explanation should have been given ;
but it has been unjustly denied by the 1st appellant-AGOT who is also
a senior level judicial officer and hence, prays for dismissal of this
writ appeal.
(12) This Court has carefully considered the rival submissions and also
heard the submissions of Mr.C.Munusamy, learned Special
http://www.judis.nic.in
WA.No.1253/2021
Government Pleader [Edn] appearing for respondents 2 to 6 and
perused the materials placed before it.
(13) The alleged infraction/non-following of Rule 9[2] of the Tamil Nadu
Private Colleges Regulation Rules, 1976, and whether the
appellants/respondents 3 and 8 in the writ petition, had acted
arbitrarily or in a mala fide manner or not, in the considered opinion
of the Court, is to be gone into in the writ petition. The fact remains
that in pursuant to the advertisement published by the 1st
appellant/AGOT in leading English and Vernacular News Dailies,
applications were invited and two levels of selection process had been
conducted and one such selection process was headed by the learned
Advocate General and Mr.C.Duraikannu came to be appointed as the
Secretary and a perusal of the typed set of documents would also
disclose that the 2nd appellant/8th respondent, who was the Secretary-
in-charge, has also handed over the charge to Mr.C.Duraikannu on
08.04.2021 and he is discharging the duty as the Secretary of
Pachaiyappa's Trust from that date onwards.
http://www.judis.nic.in
WA.No.1253/2021
(14) The learned counsel for the 1st respondent/writ petitioner would
submit that as and when a copy of the proceedings of the 1st
appellant/AGOT dated 05.04.2021 is given to the writ petitioner/1st
respondent, she may be granted an opportunity to amend the prayer in
WP.No.8685/2021.
(15) If the 1st respondent/writ petitioner is so advised and if it is available
to her under law, she is at liberty to do so and this Court is not
expressing any opinion in this regard.
(16) In the light of the fact that Mr.C.Duraikannu had taken charge as the
Secretary of the Trust on 08.04.2021 and till the order of Status Quo,
has been continuing in the said position, this Court is of the
considered view that the said position shall continue until or further
orders subject to the modification of the order passed if any, by the
Hon'ble Roster Bench. It is also made clear that continuation of
Mr.C.Duraikannu, as the Secretary of Pachaiyappa's Trust, is also
subject to the result of the writ petition and by virtue of this interim
order, neither the 1st appellant represented by AGOT nor the
appointee, viz., Mr.C.Duraikannu, can claim any right or equity.
http://www.judis.nic.in
WA.No.1253/2021
(17) The learned counsel for the 1st respondent/writ petitioner as well as
the learned counsel for the appellants have no objection for suo motu
impleading Mr.C.Duraikannu, as the 9th respondent in
WP.No.8685/2021.
(18) Accordingly, Mr.C.Duraikannu, Bluemoon Grandeur, B-Block,
Flat-1C, 4th Morison Street, Alandur, Chennai 600 016, is suo
motu impleaded as the 9th respondent in WP.NO.8685/2021.
(19) The Registry is directed to suitably amend the cause title in the writ
petition.
(20) It is also brought to the notice of this Court that the Hon'ble First
Bench of this Court in the common judgment dated 23.12.2020 made
in OSA.No.346 of 2019 etc., batch, has directed the listing of the
matter the learned Single Judge to whom the matter can be entrusted
in view of the directions of the Hon'ble Chief Justice on administrative
side. Accordingly, the Hon'ble Mr. Justice M.SUNDAR, in terms of
paragraph No.137 of the above cited judgment dated 23.12.2020, has
been nominated by the Hon'ble Chief Justice, to take up the matters
by was of ''Specially Ordered Cases''.
http://www.judis.nic.in
WA.No.1253/2021
(21) In the facts and circumstances, this Court requires the Registry to
place a Note before the Hon'ble Chief Justice for taking/posting of the
writ petition in WP.NO.8685/2021 along with the connected matters
before the same Hon'ble Judge.
(22) In the result, the writ appeal stands partly allowed and the impugned
order dated 09.04.2021 made in WMP.No.9226/2021 in
WP.NO.8685/2021 is modified in terms of the above direction. No
costs. Consequently, the connected miscellaneous petition is closed.
[MSNJ] [PRMJ]
27.04.2021
AP
Internet : Yes
http://www.judis.nic.in
WA.No.1253/2021
To
1.Administrator General and
Official Trustee of Tamil Nadu
Pachaiyappa's Trust,
High Court of Madras,
Chennai 600 104.
2.The Government of Tamil Nadu
rep.by Secretary to Government
Higher Education Department
Chennai 600 009.
3.The Advocate General
Government of Tamil Nadu
Chennai 600 104.
4.The Director of Collegiate Education
College Road, Chennai 600 006.
5.The Joint Director of Collegiate Education,
Chennai Region, Chennai-15.
6.The Joint Director of Collegiate Education
Vellore Region, Vellore.
7.The Association of University Teachers
[Regd Tamil Nadu Joint Action committee
of Pachaiyappa's Trust Board Colleges [JAC-PTBC]
rep.by the Chairman Dr.L.C.Thirumalai
Pachaiyappa's College,
Chennai-600 030.
http://www.judis.nic.in
WA.No.1253/2021
M.SATHYANARAYANAN, J.,
AND
P.RAJAMANICKAM, J.,
AP
WA.No.1253/2021
27.04.2021
http://www.judis.nic.in
