The President vs The Union Of India
2022 Latest Caselaw 9367 Mad

                                                                 W.A(MD)No.479 of 2022

                     BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 26.05.2022

                                                  CORAM

                                  THE HON'BLE MR.JUSTICE R. SURESH KUMAR

                                                   AND

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                           W.A.(MD)No.479 of 2022
                 The President,
                 Civil Engineer's Association Thanjavur(CEAAT),
                 (Regd.No.47/2020),
                 No.3, Amman Nagar,
                 Medical College Vallam Road,
                 Thanjavur – 613 010.                   ... Appellant / 3rd Respondent

                                                    Vs.
                 1. The Union of India,
                    Rep. By Secretary,
                    Ministry of Human Resource Development,
                    Department of Higher Education,
                    Shasthri Bhawan,
                    New Delhi.

                 2. The Director of Distance Education,
                    Janadran Rai Nagar Rajasthan Vidaypeeth University,
                    Airport Road, Pratap Nagar,
                    Udaipur,
                    Rajasthan – 313 001.
                                         ... Respondents 1 & 2 / Respondents 1 & 2

                 3. P.Selvakumar                   ... 3rd Respondent / Petitioner


                 1/6

https://www.mhc.tn.gov.in/judis
                                                                   W.A(MD)No.479 of 2022

                 Prayer: Writ appeal filed under Clause 15 of Letters Patent Act,

                 against the order passed by this Court in W.P.(MD)No.8421 of 2022

                 dated 28.04.2022.



                           For Appellant         : Mr.K.Baalasundharam

                           For R-1               : Ms.Victoria Gowri,
                                                   Assistant Solicitor General of India
                                                      ***


                                               JUDGMENT

[Judgement of the Court was made by R.VIJAYAKUMAR, J.,]

Heard the learned counsel appearing for the appellant and the

learned Assistant Solicitor General of India appearing for the first

respondent.

2. The present intra-court appeal has been filed challenging the

order of the learned Single Judge in W.P.(MD)No.8421 of 2022 dated

28.04.2022. The third respondent in the writ petition is the appellant

https://www.mhc.tn.gov.in/judis W.A(MD)No.479 of 2022

herein. The writ petition has been filed by one Selvakumar seeking

writ of mandamus directing the respondents therein to recognize the

diploma of the petitioner based upon the Notification issued by the

first respondent dated 10.06.2015.

3. According to the writ petitioner, he admittedly passed

Diploma in Civil Engineering through lateral entry from the second

respondent University. However, some of the members of the

association have raised a doubt with regard to his educational

qualification. He has further contended that he was duly elected as

the Secretary of the association and due to some personal enmity, his

educational qualification is being suspected by the members. On the

basis of the aforesaid averments, the petitioner has approached this

Court to recognize his diploma.

4. The learned Single Judge has passed an order directing the

first respondent to dispose of the request of the petitioner within a

period of eight weeks and till such time, the petitioner's position as

the Secretary of the third respondent association shall not be

https://www.mhc.tn.gov.in/judis W.A(MD)No.479 of 2022

disturbed by other respondents. This order is under challenge by the

third respondent in this Writ Appeal.

5. The learned counsel appearing for the appellant had

contended that the learned Single Judge ought not to have granted

such an interim protection to the writ petitioner to continue as the

Secretary of the association till the certificate is being verified by the

concerned University.

6. We are not in a position to accede to the request of the

appellant on the ground that till the certificate is verified and

genuineness of the certificate is decided by the second respondent,

the writ petitioner is presumed to have a valid educational

qualification. Hence, his position as the Secretary cannot be

disturbed. The learned Single Judge has granted 8 weeks time to the

respondents 1 and 2 to decide about the validity of the educational

qualification of the writ petitioner. However, we are inclined to modify

the period of time granted to the respondents 1 and 2. Such exercise

shall be completed on or before 30.06.2022 by the respondents 1 and

https://www.mhc.tn.gov.in/judis W.A(MD)No.479 of 2022

7. With the above modification, this writ appeal is disposed of.

No costs.

                                                                (R.S.K,J.) & (R.V. ,J.)
                                                                     26.05.2022

                 Index            : Yes / No
                 Internet         : Yes/ No
                 CM / PMU

                 To,
                 1. The Union of India,
                    Rep. By Secretary,

Ministry of Human Resource Development, Department of Higher Education, Shasthri Bhawan, New Delhi.

2. The Director of Distance Education, Janadran Rai Nagar Rajasthan Vidaypeeth University, Airport Road, Pratap Nagar, Udaipur, Rajasthan – 313 001.

https://www.mhc.tn.gov.in/judis W.A(MD)No.479 of 2022

R. SURESH KUMAR,J.

AND R.VIJAYAKUMAR, J.

PMU/CM

W.A.(MD)No.479 of 2022

26.05.2022

https://www.mhc.tn.gov.in/judis