Dr.M.Ganesan vs The Chancellor
2023 Latest Caselaw 7974 Mad

                                                                              W.A.No.2618 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                             DATED :    10.07.2023
                                                    CORAM
                                  THE HON'BLE MR.JUSTICE R.SURESH KUMAR
                                                       AND
                                  THE HON'BLE MR.JUSTICE K.KUMARESH BABU
                                             W.A.No.2618 of 2019
                                     and C.M.P.Nos.16823 & 16824 of 2019
            Dr.M.Ganesan                                             .... Appellant

                                             Vs

            1.The Chancellor
              Tamil University
              Raj Bhavan
              Guindy, Chennai 600 022.

            2.Government of Tamil Nadu
              Rep.by its Secretary
              Tamil Development and Information
              Department, Fort St.George
              Chennai 600 009.

            3.Search Committee
              Rep.by its Chairman
              Tamil Univesity, No.422, 2nd Main Road
              Sri Kapaleeswarar Nagar, Neelangarai
              Chennai 600 115.

            4.Tamil University
              Rep.by its Registrar
              Trichy Main Road
              Thanjavur – 613 010.

            5.Dr.G.Balasubramanian                                    ....   Respondents



            Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the order


                                                       1/5

https://www.mhc.tn.gov.in/judis
                                                                                  W.A.No.2618 of 2019

            dated 18.6.2019 made in W.P.No.31828 of 2018.

                                    For Appellant    :    Ms.Parvin Banu L.

                                    For Respondents :     Mr.K.V.Sajeev Kumar
                                                          Special Government Pleader-for R2
                                                          Mr.Sivavarthanan – for R4
                                                          Mr.Senthil Kumaran – for R5
                                                          No appearance – for RR 1 and 3

                                                    JUDGMENT

(Order of the Court was made by R.SURESH KUMAR, J.)

The very challange that has been made before the Writ Court in

W.P.No.31828 of 2018 was the appointment of the 5th respondent as the Vice

Chancellor of the 4th respondent University.

2. The said writ petition was dismissed by the order of the Writ Court dated

18.06.2019. Challenging the same, the present intra court appeal has been

directed.

3. Today, when the writ appeal is taken up for hearing, the learned counsel

for the appellant submitted that though the term of office of the 5th respondent

which started from 05.10.2018 was over by 04.10.2021 and thereafter a new

incumbent has come in the place of the 5th respondent at the 4th respondent

University as Vice Chancellor, it is for the Court to take a decision on the issue

https://www.mhc.tn.gov.in/judis W.A.No.2618 of 2019

raised in the writ petition followed by the present appeal academically.

4. We have also heard the learned counsel for the 4th respondent University

and the learned counsel for the 5th respondent.

5. Since the very term of office is over, the issue raised in the writ petition

which has been negatived by the learned Judge can be agitated by the appellant

or any other person aggrieved at an appropriate time later. Therefore, for that

purpose, this writ appeal need not be kept pending. In that view of the matter,

this writ appeal is dismissed. No costs. Consequently, connected miscellaneous

petitions are also dismissed.

(R.S.K.,J.) (K.B.,J,.) 10.07.2023

Index : Yes/No Internet : Yes/No KST

https://www.mhc.tn.gov.in/judis W.A.No.2618 of 2019

To

1.The Chancellor Tamil University Raj Bhavan Guindy, Chennai 600 022.

2.Government of Tamil Nadu Rep.by its Secretary Tamil Development and Information Department, Fort St.George Chennai 600 009.

3.Search Committee Rep.by its Chairman Tamil Univesity, No.422, 2nd Main Road Sri Kapaleeswarar Nagar, Neelangarai Chennai 600 115.

4.Tamil University Rep.by its Registrar Trichy Main Road Thanjavur – 613 010.

https://www.mhc.tn.gov.in/judis W.A.No.2618 of 2019

R.SURESH KUMAR, J.

AND K.KUMARESH BABU, J.

KST

W.A.No.2618 of 2019

10.07.2023

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