V.V.Venkatachalam vs The Chairman
2023 Latest Caselaw 4102 Mad

                                                                         W.A.No. 1321 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 12.04.2023

                                                     CORAM

                                  THE HONOURABLE MR. JUSTICE R. MAHADEVAN
                                                      AND
                         THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

                                              W.A.No. 1321 of 2022
                                            and C.M.P.No.8345 of 2022

                1.V.V.Venkatachalam
                2.R.Balasubramanian
                3.L.R.Aravind Babu
                4.B.Sudhakar                                             .. Appellants

                                                     Versus

                1.The Chairman
                University Grants Commission
                New Delhi

                2.The State of Tamil Nadu
                Rep by its Secretary to Government
                Higher Education Department
                Fort St.George, Chennai – 600 009

                3.The State of Tamil Nadu
                Rep by its Secretary to Government
                Finance Department
                Fort St.George, Chennai – 600 009

                4.The Vice Chancellor
                Annamalai University
                Annamalai Nagar, Chidambaram

                1/7
https://www.mhc.tn.gov.in/judis
                                                                                                 W.A.No. 1321 of 2022


                5.The Registrar
                Annamalai University
                Annamalai Nagar, Chidambaram

                6.Velayutham Murugesan
                7.Dr.N.Krishnamohan                                                            .. Respondents

                          Writ Appeal filed under Clause 15 of Letters Patent against the order
                dated 24.02.2022 made in W.P.No.1556 of 2020.


                          For Appellant        : Mrs.Nalini Chidambaram, Senior Counsel
                                                 for M/s.C.Uma

                          For Respondents : Mrs.V.Sudha for R1
                                            Mr.Stalin Abhimanyu for R2 & R3
                                            Additional Government Pleader
                                            Mr.S.Sevasubramani for R4 to 7

                                                      JUDGMENT

(Judgment of this court was delivered by R. MAHADEVAN. J,)

This Writ Appeal has been filed filed by the writ petitioners assailing the

order dated 24.02.2022 passed by the learned Judge in W.P.No. 1556 of 2020.

For better appreciation, the operative portion of the order is quoted below:

“7. In view of the above, considering the facts and circumstances of the case, this Court is inclined to pass the order as follows:

(i). In respect of Periyar University and Annamalai University are concerned, the first respondent is directed to proceed in accordance with law and take appropriate action based on the enquiry report submitted by the committee.

(ii) In respect of the other Universities are concerned to issue necessary instructions to the committee to submit the report at an earliest without further delay.”

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2.According to the learned senior counsel appearing for the appellants /

writ petitioners, during the course of arguments in the writ petition, it was

represented on the side of the respondent authorities that the Government in

Higher Education Department, constituted a committee to enquire into the news

items and complaints with regard to the irregularities in awarding promotions in

Periyar University, Salem, Madurai Kamaraj University, Madurai and

Annamalai University vide G.O.(D).No.153, Higher Education (K1) Department,

dated 25.06.2021 as amended in G.O.(D).No.173, Higher Education (K1)

Department, dated 16.07.2021; that, the Committee has conducted the enquiry

into the allegations said to have been committed in those Universities; and that,

the enquiry report relating to Madurai Kamaraj University has already been

submitted to the Government and the preparation of the enquiry report in respect

of Periyar University and Annamalai University are under process. It was further

represented that based on the enquiry reports, the Government would take

appropriate action, however, as on the date of the order dated 24.02.2022 passed

in the writ petition, the enquiry report relating to Annamalai University was not

made ready. In such circumstances, the learned Judge, while disposing the writ

petition, erred in directing the Chairman, UGC, to take appropriate action, based

on enquiry reports submitted by the committee. It is also submitted that in the

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absence of enquiry report, the Registrar, Annamalai University, in his letter

dated 22.11.2019, stated that no favoritism has been shown to the faculty

member and no undue advantage has been extended to any faculty members.

Therefore, the learned senior counsel sought to quash the order of the learned

Judge and allow this writ appeal.

3.On the other hand, the learned Additional Government Pleader

appearing for the respondent authorities drew the attention of this court to the

affidavit dated 11.04.2023 filed by the second respondent and submitted that

subsequent to the disposal of the writ petition, the second respondent issued

G.O.(D).No.112, Higher Education (K1) Department, dated 11.04.2023 thereby

constituting a High Level committee, comprising the Academicians as members,

to conduct a full-fledged enquiry into the allegation said to have been committed

in awarding promotion under CAS in Periyar University, Salem, Madurai

Kamaraj University, Madurai and Annamalai University, Chidambaram. It is

also stated therein that the High Level Committee would complete the enquiry

impartially and take a final decision, within a period of eight weeks.

https://www.mhc.tn.gov.in/judis W.A.No. 1321 of 2022

4.In the light of the aforesaid averments made in the affidavit filed by the

second respondent, this Court is of the view that no further orders need be

passed in this writ appeal, except recording the same and directing the High

Level Committee to complete the enquiry and take a final decision, on merits

and in accordance with law, after affording an opportunity of hearing to all the

parties concerned, as expeditiously as possible, in any event, within a period of

eight weeks from the date of receipt of a copy of this judgment. Accordingly,

this writ appeal stands disposed of. No costs. Consequently, connected

miscellaneous petition is closed.

(R.M.D., J) (M.S.Q., J) 12.04.2023 dhk Internet : Yes Index : Yes/No

To

1.The Chairman University Grants Commission New Delhi

2.The Secretary to Government The State of Tamil Nadu Higher Education Department Fort St.George, Chennai – 600 009

https://www.mhc.tn.gov.in/judis W.A.No. 1321 of 2022

3.The Secretary to Government The State of Tamil Nadu Finance Department Fort St.George, Chennai – 600 009

4.The Vice Chancellor Annamalai University Annamalai Nagar, Chidambaram

5.The Registrar Annamalai University Annamalai Nagar, Chidambaram

https://www.mhc.tn.gov.in/judis W.A.No. 1321 of 2022

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

dhk

W.A.No. 1321 of 2022

12.04.2023

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