Madras High Court
P.Devaraju vs The Joint Director Of Collegiate ... on 28 July, 2021
W.A.(MD)Nos.1488, 1490, 1492 and 1493 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.1488, 1490, 1492 and 1493 of 2021
and
C.M.P(MD).Nos.6114, 6116, 6119 and 6122 of 2021
1. P.Devaraju ... Appellant/Petitioner/Petitioner
in W.A(MD).No.1488 of 2021
2. J.Amalanathan ... Appellant/Petitioner/Petitioner
in W.A(MD).No.1490 of 2021
3. Antonysamy ... Appellant/Petitioner/Petitioner
in W.A(MD).No.1492 of 2021
4.Thaarcis Albin ... Appellant/Petitioner/Petitioner
in W.A(MD).No.1493 of 2021
Vs.
1. The Joint Director of Collegiate Education,
Tirunelveli Region,
Tirunelveli - 627 002.
2. The Secretary,
St.Xavier's College (Autonomous),
Palayamkottai,
Tirunelveli - 627 002. ... Respondents/Respondents/
Respondents
(in all Writ Appeals)
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1488, 1490, 1492 and 1493 of 2021
Common Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against
the order of this Court made in W.M.P(MD).Nos.9216,9219,9238 of 2021 in
W.P.(MD) Nos.11728, 11730, 11748 of 2021, dated 14.07.2021.
For Appellant : Ms.D.Geetha (in all W.As)
For Respondents : Mr.A.K.Manikkam,
Standing Counsel for Government
for R1 (in all W.As)
COMMON JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Ms.D.Geetha, learned counsel appearing for the
appellants and Mr.A.K.Manikkam, learned Government Counsel appearing for
the first respondent.
2. The appellants are aggrieved by the order passed by the learned
Writ Court refusing to grant an order of interim stay of order of punishment
imposed on the appellants vide proceedings dated 05.07.2021. There is a
dispute with regard to the promotion granted to one Dr.S.Alphonsa as the Head
of the Department in Economics in the second respondent-College.
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W.A.(MD)Nos.1488, 1490, 1492 and 1493 of 2021
3. The appellant in W.A(MD).No.1488 of 2021, had filed
W.P(MD).No.10548 of 2021 praying for issuance of a Writ of Mandamus to
forbear the first respondent herein, from approving the appointment of
Dr.S.Alphonsa as HOD, i/c of the Department of Economics in the second
respondent-College and to direct the second respondent to designate the
appellant Mr.P.Devaraju as Head of Department in the Department of
Economics, as per G.O.Ms.No.1785, Education Department, dated 05.12.1988.
4. In the said writ petition, an order of interim injunction was sought
for in W.M.P(MD).No.8212 of 2021. The learned Writ Court by order dated
25.06.2021 granted an order of interim injunction. The operative portion of the
order reads as follows:
"The learned counsel appearing for the petitioner submitted
that the petitioner is the senior-most member of Economics Department.
The fourth respondent is an Assistant Professor in the History
Department, which is an ancillary to the Economics Department. The
studies of the students through on-line classes for the Academic Year
2020-21 is affected due to the designation of the fourth respondent as the
Head of the Department in-charge of Economics Department. As the
Head of the Department, the fourth respondent has to re-evaluate 10% of
the answer sheets of the students, which would have been already
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1488, 1490, 1492 and 1493 of 2021
evaluated by the Professors. As an Assistant Professor in History, the
fourth respondent cannot handle such work due to her specialization in
History.
2. Considering the above facts, there shall be an order of
interim injunction restraining the second respondent from giving
approval for the appointment of the fourth respondent as Head of the
Department in-charge of Economics Department of the third respondent
College till 16.07.2021.
3. Notice to the respondents returnable by 16.07.2021. Private
notice is also permitted."
5. It appears that there were certain disputes which lead to issuance of
show cause notice dated 17.06.2021, alleging that the appellants have violated
the norms of the College and not respecting the superiors, namely, Principal in
charge, Controller of Examination and HOD i/c of the concerned Department.
Therefore, the appellants were called upon to submit their explanations and five
issues were pointed out. The appellants submitted their explanations on
23.06.2021, after which, the order of punishment was passed on 05.07.2021.
The punishment imposed is stoppage of increment with cumulative effect from
July 2021. Admittedly, the punishment is a major punishment and before
imposing the same, an enquiry ought to have been conducted.
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W.A.(MD)Nos.1488, 1490, 1492 and 1493 of 2021
6. Therefore, in our view, the appellants have made out a prima facie
case for grant of an interim order. Since notice is yet to be served in the writ
petition, we are of the view that if interim protection is granted to the appellants
for a limited period, the appellants can be permitted to pursue in the writ
petition and obtain further orders.
7. Accordingly, these Writ Appeals are allowed and the order of
punishment dated 05.07.2021, shall remain stayed till 27.08.2021.
8. Registry is directed to list the writ petition during the third week of
August 2021. As directed by the learned Writ Court, the appellants are directed
to serve notice on the respondents in the writ petition. We have disposed of the
writ appeals at the admission stage, since the appellants are aggrieved by the
decision of the learned Writ Court in refusing to grant an ex-parte order of
interim stay and as per the convention of this Court, the respondents need not be
heard and prior notice is not required to be mandatorily served on the
respondents when the writ petition is heard for admission nor there is any
provision for filing a caveat petition in a writ petition.
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W.A.(MD)Nos.1488, 1490, 1492 and 1493 of 2021
9. Therefore, we are well justified in allowing these appeals and
granting an order of interim stay till 27.08.2021 and directing the writ petition
to be heard. It will be well open to the learned Writ Court to consider as to
whether the interim order should continue further after the respondents in the
writ petition enter appearance and make their submissions. No costs.
Consequently, connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 28.07.2021
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To:
1. The Joint Director of Collegiate Education,
Tirunelveli Region,
Tirunelveli - 627 002.
2. The Secretary,
St.Xavier's College (Autonomous),
Palayamkottai,
Tirunelveli - 627 002.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1488, 1490, 1492 and 1493 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)Nos.1488, 1490, 1492 and 1493 of 2021
and
C.M.P(MD).Nos.6114, 6116, 6119 and 6122 of 2021
28.07.2021
https://www.mhc.tn.gov.in/judis/
