R.Sabarinathan v. The Secretary To The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.R.Sabarinathan 2.C.Dhanendhra Prabhu 3.N.V.Diwakar 4.S.Satheesh 5.M.Manikandan 6.M.Rajathi 7.C.Ramya ... Petitioners Vs.

1.The Secretary to the Government of Tamilnadu, Department of Higher Education, Fort St.George, Chennai 600 009 2.The Principal, Institute of Road Transport and Technology, Vasavi College(Opposite), Chittode, Erode Circle, Erode 638 316 3.The Director, Institute of Road Transport and Technology, Head Office, 100 Feet Road, Tharamani, Chennai 600 113 4.The Director, 1/6

Guindy, Chennai 600 025 5.The Merger Committee, Guindy, Chennai 600 025 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus to the respondent No.3 to maintain the petitioners faculty profiles created and maintained by respondent No.2 through the account of Respondent No.3 college in the website domain of Anna University.

For Petitioners : Mr.B.M.Subash For Respondents : Mr.K.Surendran, Additional Government Pleader

ORDER

This writ petition has been filed for direction to the third respondent to maintain the petitioners' faculty profiles in the website domain of Anna University.

2.

Heard, the learned counsel appearing on either side. 2/6

3.

The petitioners were appointed as Assistant Professor in the educational institution of the first and second respondents under consolidated salary. Thereafter, respondents 1 and 2 created faculty profiles for the purpose of verification by Anna University in order to establish the student teacher ratio to maintain the status of affiliation. In the meanwhile, the Government of Tamilnadu issued a Government Order to convert the respondents College into a Government college. In pursuant to the conversion process, the fourth respondent issued communication dated 01.10.2021 with regard to the absorption of existing regular staffs in the college by requesting the second respondent to inform all the regular staffs to appear before the Merger Committee in the meeting.

However, the petitioners were not served with any notice and no details of the petitioners were furnished to the Merger Committee. Therefore, they were not considered for absorption during conversion since they were appointed on temporary basis and on consolidated salary. The same was challenged before this Court in WP.No.24138 of 2021 and it is pending.

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4.

It is seen that the petitioners' services were stopped from the month of November 2021. Therefore, their faculty profiles have been deleted in the website domain maintained by the second respondent through the third respondent.

5.

Therefore, the direction sought for in this writ petition cannot be considered. As such, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

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To 1.The Secretary to the Government of Tamilnadu, Department of Higher Education, Fort St.George, Chennai 600 009 2.The Principal, Institute of Road Transport and Technology, Vasavi College(Opposite), Chittode, Erode Circle, Erode 638 316 3.The Director, Institute of Road Transport and Technology, Head Office, 100 Feet Road, Tharamani, Chennai 600 113 4.The Director, Guindy, Chennai 600 025 5.The Merger Committee, Guindy, Chennai 600 025 5/6

G.K.ILANTHIRAIYAN, J.

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