Manonmaniam Sundaranar ... vs Lakshmi
2023 Latest Caselaw 11726 Mad

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 01.09.2023

                                                      CORAM

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    AND
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                              W.A.(MD)No.161 of 2016
                                                       and
                                             C.M.P.(MD)No.820 of 2016

                     Manonmaniam Sundaranar University,
                     represented by the Registrar,
                     Abhishekapatti, Tirunelveli – 627 012.               ...Appellant

                                                          -Vs.-

                     Lakshmi                                              ...Respondent

                     (cause title amended vide order of this Court in W.A.(MD)No.161 of
                     2016 dated 01.09.2023)


                     PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to
                     set aside the order dated 30.10.2015 made in W.P.(MD)No.13229 of 2014
                     on the file of this Court.


                                          For Appellant           : Mr.M.Ajmal Khan
                                                                  Senior Counsel
                                                                  for Mr.Mohamed Athiff
                                          For Respondent          : Ms.D.Geetha
                                                      ****



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                                                      JUDGMENT

                        (Judgment of the Court was delivered by DR.ANITA SUMANTH, J.)


                                  The present Writ Appeal has been filed by Manonmaniam

                     Sundaranar University.



                                  2.A preliminary objection is raised by learned Counsel for the

                     respondent, who points to the fact that there are ten individuals arrayed

                     as respondents.       The appellant has proceeded on the basis that

                     W.P(MD)No.13229 of 2014 has been filed arraying ten petitioners.

                     However, that is not the case.



                                  3.It is brought to our notice that a petition under Section 2B

                     was filed originally by the Writ Petitioners, but the request for filing a

                     single Writ Petition was rejected by the Court on 06.08.2014 and the

                     petitioners directed to file separate Writ Petitions.     Hence, the Writ

                     Petitioners arrayed as P2 to P10 in W.P.(MD)No.13229 of 2014 filed

                     separate Writ Petitions in W.P.(MD)Nos.19043 to 19052 of 2014.




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                                  4.Admittedly, an error has crept in to the format of certified

                     copy of order dated 30.10.2015 insofar as all ten original Writ

                     Petitioners. Originally, petitioners in W.P.(MD)No.13229 of 2014 have

                     been arrayed and their separate Writ Petitions shown immediately

                     thereafter.

                                  5.The present Writ Appeal relating to W.P.(MD)No.13229 of

                     2014 thus, concerns only R1, i.e., P1 in the original array, i.e., Lakshmi,

                     alone. The said individual has participated in a subsequent round of

                     recruitment successfully and has been employed by the University. She,

                     hence, does not pursue the prayer in the Writ Petition in

                     W.P.(MD)No.13229 of 2014.

                                  6.In such circumstances, the present Writ Appeal qua Lakshmi

                     has to be allowed and we do so. No costs. Consequently, connected

                     miscellaneous petition is closed. Registry will issue this order arraying

                     Lakshmi as sole respondent, the array of R2 to R10 being misconceived.




                                                                 [A.S.M.J.,] & [R.V.J.,]
                     NCC          :Yes/No                               01.09.2023
                     Index        :Yes/No
                     cmr



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https://www.mhc.tn.gov.in/judis
                                  DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

cmr

W.A.(MD)No.161 of 2016

01.09.2023

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