Citation : 2023 Latest Caselaw 6408 Mad
Judgement Date : 16 June, 2023
W.A(MD)No.1047 of 2014 etc batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.06.2023
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)Nos.1047, 1046 and 986 of 2014
and
W.P(MD)No.16836 and 13746 of 2014 and 22295 of 2021
and
Connected miscellaneous petitions
W.A(MD)No.1047 of 2014:-
Dr.S.David Amirtha Rajan ... Appellant
vs.
1. Dr.M.Dhavamani Christober
2. The Alagppa University,
Alagappapuram,
Karaikudi-630003
Rep by its Registrar I/C. ... Respondents
PRAYER : Appeal filed under Clause 15 of Letters Patent,
against the order passed in W.P(MD)No.13724 of 2012 dated
02.07.2014.
For Appellant : Mr.E.V.N.Siva
For R1 : Mr.M.E.Ilango
For R2 : Mr.S.Srinivasa Raghavan for
Mr.P.Muthuvel
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W.A(MD)No.1047 of 2014 etc batch
COMMON JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
The only issue involved in all these cases is whether the
present incumbent namely, Dr.M.Dhavamani Christober, who is
serving as the Principal of American College, Madurai, is qualified or
not. His doctoral degree was in dispute. While he claims that it is
inter-disciplinary doctorate consisting of Education and Mathematics,
his detractors contended that it is only a doctorate in Education and
it is not an inter-disciplinary degree. There were some
interlineations in his applications for doctorate in Education and
Mathematics. At the instance of this Court, an expert committee
consisting of the former Vice Chancellor of Gandhigram Rural
Institute (Deemed University), Head of the Department of Education
and Technology, Bharathidasan University and a Syndicate Member
of Alagappa University was constituted.
2. The expert committee went into the issue and it found
that the claim that there had been certain corrections or insertions in
the document and the idea of inter-disciplinary degree cropped up in
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W.A(MD)No.1047 of 2014 etc batch
the middle was discounted and the committee came to the
conclusion that there is no such interlineations or insertions in the
applications or the records. The Committee finally concluded as
follows:-
''7. The Committee could not apparently see any
insertions in the documents of the relevant file and the idea
of interdisciplinary did not seem to have cropped up in the
middle, since the candidate has already mentioned in the
original application itself.
8. So, procedurally and administratively, the whole
process pertaining to this Ph.D is in order and the award of
the Ph.D degree under interdisciplinary category is totally as
per norms and statutes of Alagappa University.''
3. In view of the said categorical finding, though
Mr.Raghavachari, learned counsel appearing for one of the
petitioners would urge us to hear him on the question of
qualification, we do not think we can do so, as we do not possess the
expertise to decide on the question. A committee, consisting of
experts in the field, has come to a specific conclusion and we accept
the same. Once the committee's report is accepted, all the cases
which are based on theclaim that Dr.M.Dhavamani Christober is not
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W.A(MD)No.1047 of 2014 etc batch
qualified will have to necessarily be closed.
4. W.P(MD)No.13746 of 2014, W.A(MD)Nos.1046 and 1047
of 2014 are dismissed. W.A(MD)No.986 of 2014 filed by
Mr.M.Dhavamani Christober will stand allowed. W.P(MD)No.16836 of
2014 will also stand allowed. W.P(MD)No.22295 of 2021 will stand
dismissed. No costs. Connected miscellaneous petitions are closed.
(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.)
16.06.2023
Index : Yes / No
Internet : Yes
Neutral Citation : Yes / No
bala
To
The Registrar I/C,
Alagppa University,
Alagappapuram,
Karaikudi-630003.
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W.A(MD)No.1047 of 2014 etc batch
R.SUBRAMANIAN, J.
and L.VICTORIA GOWRI, J.
bala
COMMON JUDGMENT MADE IN W.A(MD)Nos.1047, 1046 & 986 of 2014 and W.P(MD)No.16836 & 13746 of 2014 and 22295 of 2021 DATED : 16.06.2023
https://www.mhc.tn.gov.in/judis
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