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Dr.S.David Amirtha Rajan vs Dr.M.Dhavamani Christober
2023 Latest Caselaw 6408 Mad

Citation : 2023 Latest Caselaw 6408 Mad
Judgement Date : 16 June, 2023

Madras High Court
Dr.S.David Amirtha Rajan vs Dr.M.Dhavamani Christober on 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


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




https://www.mhc.tn.gov.in/judis
                4/5
                                                   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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