Madras High Court
A.Manickathai vs Kongunadu Arts And Science ... on 9 June, 2022
W.P.Nos.2437 and 2438 of 2015
and 6989 and 6990 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.Nos.2437 and 2438 of 2015 and 6989 and 6990 of 2014
and
M.P.Nos.1 and 1 of 2015 and 2 and 2 of 2014
W.P.Nos.2437 and 2438 of 2015:
A.Manickathai ... Petitioner
In W.P.No.2437 of 2015
U.M.Ravichandran ... Petitioner
In W.P.No.2438 of 2015
Vs.
1.Kongunadu Arts and Science College,
Represented by its Secretary,
G.N.Mills Post,
Coimbatore - 641 029.
2.Director of Collegiate Education
College Road,
Chennai - 600 006.
3.The Joint Director of Collegiate Education,
Coimbatore Region,
Coimbatore -18. ... Respondents
In W.P.Nos.2437 and 2438 of 2015
Prayer in W.P.No.2437 of 2015: Writ Petition filed under Article 226 of
the Constitution of India calling for the records pertaining to the
proceedings of the first respondent, KASC/AM-REP2014 dt.26.03.2014
https://www.mhc.tn.gov.in/judis
Page 1 of 8
W.P.Nos.2437 and 2438 of 2015
and 6989 and 6990 of 2014
and consequential proceedings in KASC/AM-REP/2014 dated 08.12.2014,
quash the same and direct the first respondent to release the withheld
increments, refix the salary and pay the arrears.
Prayer in W.P.No.2438 of 2015: Writ Petition filed under Article 226 of
the Constitution of India calling for the records pertaining to the
proceedings of the first respondent, KASC/UMR-REP2014 dt.26.03.2014
and consequential proceedings in KASC/UMR-REP/2014 dated
08.12.2014, quash the same and direct the first respondent to release the
withheld increments, refix the salary and pay the arrears.
For Petitioners
In W.P.Nos.2437 and 2438 of 2015 :Mr. R.Subramanian
For Respondents
In W.P.Nos.2437 and 2438 of 2015 :Mr.K.Shakespeare
for R1
:Mr.M.Bindran,
Additional Government Pleader
for R2 and R3
W.P.No.6989 of 2014:
Kongunadu Arts and Science College,
(Autonomous),
Represented by its Secretary,
G.M.Mills Post,
Coimbatore - 641 029. ...Petitioner
Vs.
1.State of Tamil Nadu,
Represented by Secretary to government,
Higher Education Department,
Fort St. George, Chennai - 600 009.
https://www.mhc.tn.gov.in/judis
Page 2 of 8
W.P.Nos.2437 and 2438 of 2015
and 6989 and 6990 of 2014
2. The Director of Collegiate Education,
College Road,
Chennai - 600 006.
3.The Joint Director of Collegiate Education,
Coimbatore Region,
Coimbatore.
4.Tmt.A.Manickathai,
Associate Professor of Computer Science,
Kongunadu Arts & Science
College (Autonomous),
G.M.Mills Post,
Coimbatore - 641 029. ... Respondents
Prayer in W.P.No.6989 of 2014: Writ Petition filed under Article 226 of
the Constitution of India to issue a writ of certiorari or any other writ or
order in the nature of writ calling for the records of the 2nd respondent
culminating in the proceedings / order vide Na.Ka.No.9010/F1/2012 dated
13.01.2014 and quash the same.
For Petitioner : Mr.K.Shakespeare
For R1 to R3 : Mr.M.Bindran,
Additional Government Pleader
For R4 : Mr. R.Subramanian
W.P.No.6990 of 2014:
Kongunadu Arts and Science College,
(Autonomous),
Represented by its Secretary,
G.M.Mills Post,
Coimbatore - 641 029. ...Petitioner
Vs.
https://www.mhc.tn.gov.in/judis
Page 3 of 8
W.P.Nos.2437 and 2438 of 2015
and 6989 and 6990 of 2014
1.State of Tamil Nadu,
Represented by Secretary to government,
Higher Education Department,
Fort St. George,
Chennai - 600 009.
2. The Director of Collegiate Education,
College Road,
Chennai - 600 006.
3.The Joint Director of Collegiate Education,
Coimbatore Region,
Coimbatore.
4.Tvl.U.M.Ravichandran,
Associate Professor of Computer Science,
Kongunadu Arts & Science
College (Autonomous),
G.M.Mills Post,
Coimbatore - 641 029. ... Respondents
Prayer in W.P.No.6990 of 2014: Writ Petition filed under Article 226 of
the Constitution of India to issue a writ of certiorari or any other writ or
order in the nature of writ calling for the records of the 2nd respondent
culminating in the proceedings / order vide Na.Ka.No.9010/F1/2012 dated
13.01.2014 and quash the same.
For Petitioner : Mr.K.Shakespeare
For R1 to R3 : Mr.M.Bindran,
Additional Government Pleader
For R4 : Mr. R.Subramanian
https://www.mhc.tn.gov.in/judis
Page 4 of 8
W.P.Nos.2437 and 2438 of 2015
and 6989 and 6990 of 2014
ORDER
All these writ petitions have been filed questioning the validity of
the actions initiated by the management of the private college, as well as
by the competent authority of the collegiate education.
2. Regarding the entertainability of the writ petitions in respect of
the employees working in a non minority aided colleges, the Madurai
Bench of Madras High Court delivered a judgment on 07.08.2019 in
W.P.(MD).Nos.11785 and 11786 of 2012, and pursuant to the order, the
Government also issued notification designating the Principal District
Judge as Tribunal under the provisions of the collegiate education in
Tamil Nadu Private Colleges (Regulation) Act. Therefore, the parties have
to adjudicated the disputed issues before the designated Tribunal before
approaching the High Court.
3. In view of the fact that the writ petitions are pending for long
time and during the relevant point of time, the Tribunal was not
functioning. Therefore, this Court is inclined to transfer all these cases to
the designated Tribunal for adjudication and disposal of all these cases by
following the procedures as contemplated.
https://www.mhc.tn.gov.in/judis
W.P.Nos.2437 and 2438 of 2015
and 6989 and 6990 of 2014
4. The learned counsel appearing on behalf of the writ petitioners
made a submission that the jurisdictional Tribunal is at Coimbatore. Thus,
the writ petitions are transfered to the Court of Principal District Judge at
Coimbatore / Tribunal constituted under the collegiate education in Tamil
Nadu Private Colleges (Regulation) Act.
5. The Registry of this Court is directed to send all the case papers
to the Principal District Judge, Coimbatore / Tribunal within a period of
two weeks from today. On receipt of the case bundles, the Tribunal is
requested to proceed with the cases and dispose of the same as
expeditiously as possible.
6. With these directions, these writ petitions stand disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
09.06.2022
Ab/Jeni
Internet : Yes / No
Index : Yes / No
Speaking order : Yes / No
https://www.mhc.tn.gov.in/judis
W.P.Nos.2437 and 2438 of 2015
and 6989 and 6990 of 2014
To
1.The Secretary to government,
State of Tamil Nadu,
Higher Education Department,
Fort St. George, Chennai - 600 009.
2. The Director of Collegiate Education,
College Road,
Chennai - 600 006.
3.The Joint Director of Collegiate Education,
Coimbatore Region,
Coimbatore.
https://www.mhc.tn.gov.in/judis
W.P.Nos.2437 and 2438 of 2015
and 6989 and 6990 of 2014
S.M. SUBRAMANIAM, J.
Ab
W.P.Nos.2437 and 2438 of 2015
and 6989 and 6990 of 2014
09.06.2022
https://www.mhc.tn.gov.in/judis
