G.Alagar v. The Chief Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN G. Alagar

...Petitioner

Vs.

1. The Chief Secretary to Government, Government of Puducherry, Chief Secretariat, Puducherry-01.

2. The Secretary to the Lietuenant-Governor, Raj Nivas, Puducherry - 01.

3. The Secretary to the Government(Education) Government of Puducherry, Puducherry - 01

4. The Director, Directorate of Higher and Technical Education, Pipmate complex, Lawspet Road, Puducherry-8

5. The Vice-Chancellor, Puducherry Technological University, Pillaichavadi, Puducherry - 605 014.

6. Dr.Sankaranaya Swamy

7. G. Sivaradje.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Quo-Warranto against the 7th respondent calling upon him to show to the satisfaction of this Court on what legal authority he was appointed as Registrar at Puducherry Technological University and how he continuous to hold the post and pass orders. For Petitioner : Mr.V. Jai Hari Sudhan For Respondents 1 &2 : Mr.A. Tamil Vannan, Additional Government Pleader For Respondents 3 to 5 : Mr.R.Syed Mustafa, Special Government Pleader For Respondent-6 : Notice not ready For Respondent-7 : Mr.R.Udhaya Kumar

ORDER

This Writ Petition has been filed to issue a Writ of Quo-Warranto against the 7th respondent calling upon him to show to the satisfaction of this Court on what legal authority he was appointed as Registrar at Puducherry Technological University and how he continuous to hold the post and pass orders.

2. The facts of the case is that the 7th respondent was appointed as Registrar of Pondicherry Engineering College on 02.01.2019 by violating the norms and rules of the UGSC. It is pertinent to note that the post of Registrar has to be filled by an open call for, but the 7th respondent has 2/6

used his personal connections to attain the post of Registrar by violating all the Government norms and therefore, he was removed from the above post by the competent authority. Thereafter, the 4th respondent has issued notification in No.1385/DHTE/Estt.E5/2020 for recruitment of Registrar for this Technological University. The sum and substance of the case is that the said notification was issued without following the UGC norms and only to absorb the 7th respondent as Registrar. One person by name Dr.K.Vivekanandan, Principal of Pondicherry Engineering College applied for the said post and he is the eligible person to hold the post of Registrar. However, his application was rejected. Hence, the petitioner has come up with this petition.

3. Today, when the matter came up for hearing, the Special Government Pleader appearing for the 5th respondent produced a letter in No.PTU/Estt.NT/E4/R.Order/2024 dated 05.12.2024 wherein it was stated that the 7th respondent who is on deputation is relieved from his duties from the post of Registrar with effect from the afternoon of 06.12.2024 on completion of his tenure of three years of appointment. He is instructed to hand over the files/ documents/records/email login 3/6

credentials of the office of the Registrar to Prof.K.Vivekanandan, director ( Academics & Educational Innovation) before 5 pm of 06.12.2024.

4. In view of the above submission made by the Special Government Pleader and the letter of the 5th respondent in No.PTU/Estt.NT/E4/R.Order/2024 dated 05.12.2024, the prayer sought for by the petitioner has became infructuous. Hence, this Writ Petition is dismissed as infructuous. No costs.

10.12.2024 Index:Yes/No Speaking order/Non-speaking order smn 4/6

To:

1. The Chief Secretary to Government, Government of Puducherry, Chief Secretariat, Puducherry-01.

2. The Secretary to the Lietuenant-Governor, Raj Nivas, Puducherry - 01

3. The Secretary to the Government(Education) Government of Puducherry, Puducherry - 01

4. The Director, Directorate of Higher and Technical Education, Pipmate complex, Lawspet Road, Puducherry-8

5. The Vice-Chancellor, Puducherry Technological University, Pillaichavadi, Puducherry - 605 014.

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V.BHAVANI SUBBAROYAN,J.

smn 10.12.2024.

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