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Madras High CourtWP/5964/2022dismissed

Dr.B.Sunil Kumar v. The Registrar

2022-06-23Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2022

CORAM

THE HONOURABLE Mr.JUSTICE D. KRISHNAKUMAR W.P.Nos.5964, 5967, 5969, 5970, 5971, 6119 to 6122, 6124, 6127, 6131, 6132, 6134, 6137, 6140, 6141, 6144, 6149, 6142, 6143, 6145, 6146, 6147, 6148, 6206, 6209, 6210, 6213 and 6215 of 2022 Dr.B.Sunil Kumar .. Petitioner in W.P.No.5964 of 2022 Dr.Veerachamy .. Petitioner in W.P.No.5967 of 2022 Dr.G.Suresh .. Petitioner in W.P.No.5969 of 2022 Dr.K.Vijayakumar .. Petitioner in W.P.No.5970 of 2022 Dr.J.Prabhakaran .. Petitioner in W.P.No.5971 of 2022 Dr.L.Thillai Selvi .. Petitioner in W.P.No.6119 of 2022 Dr.T.Tamizhselvan .. Petitioner in W.P.No.6120 of 2022 Dr.M.Balasubramniam .. Petitioner in W.P.No.6121 of 2022 Dr.Kulothungan .. Petitioner in W.P.No.6122 of 2022 Dr.R.Ramachandran .. Petitioner in W.P.No.6124 of 2022 Dr.R.Gopi .. Petitioner in W.P.No.6127 of 2022 Dr.T.Ramanathan .. Petitioner in W.

P.No.6131 of 2022 Dr.B.Chittibabu .. Petitioner in W.P.No.6132 of 2022 Dr.G.Senthil Kumar .. Petitioner in W.P.No.6134 of 2022 Dr.D.Kanchana .. Petitioner in W.P.No.6137 of 2022 Dr.R.Elangaimannan .. Petitioner in W.P.No.6140 of 2022 Dr.T.Sabesan .. Petitioner in W.P.No.6141 of 2022 Dr.K.Senthil Kumar .. Petitioner in W.P.No.6144 of 2022 Dr.S.Ravichandran .. Petitioner in W.P.No.6149 of 2022 Dr.S.Bragadeeswaran .. Petitioner in W.P.No.6142 of 2022 Dr.D.Ponraj .. Petitioner in W.P.No.6143 of 2022 Dr.S.V.Murugesan .. Petitioner in W.P.No.6145 of 2022 Dr.C.Jayanthi .. Petitioner in W.P.No.6146 of 2022 Dr.S.Sivakumar .. Petitioner in W.P.No.6147 of 2022 Dr.M.Jayanthi .. Petitioner in W.P.No.6148 of 2022 Dr.G.Usharani .. Petitioner in W.P.No.6206 of 2022 Dr.R.Chinnaiyan .. Petitioner in W.P.No.6209 of 2022 Dr.V.Anbananthan .. Petitioner in W.

P.No.6210 of 2022 Dr.R.Elango .. Petitioner in W.P.No.6213 of 2022 Dr.H.Manikandan .. Petitioner in W.P.No.6215 of 2022 Vs.

The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District - 628 002.

..Respondent in all WPs

Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondent to consider and dispose of the petitioner's representation dated 03.12.2020 with regard to the pending Professor promotion under CAREER ADVACEMENT SCHEME of the Respondent University pursuant to the notification dated 08.08.2018 within a stipulated period.

For Petitioner : Mr.M.Velmurugan For Respondent : Mr.K.Sathish Kumar, Standing Counsel COMMON ORDER Since the issue involved in all these writ petitions, is one and the same, they are heard together and disposed of by this common order. These petitions are filed seeking for issuance of Writs of Mandamus to direct the respondent to consider and dispose of the petitioners' representation dated 03.12.2020.

2. It is represented by the learned Standing Counsel appearing for the respondent/University that the issue involved in all these Writ Petitions, has already been decided by this Court in W.P.Nos.14422 of 2021 etc., batch, by order dated 27.04.2022 and the same applies to the present Writ Petitions also. The relevant portion of the said order reads as follows:- "18. In the absence of specific regulation under UGC or Annamalai University, the claim of the petitioner for two stage / double promotion cannot be legally sustainable. The petitioners also cannot seek the benefit of Doctrine of Estoppel or Doctrine of Acquiescence, based on the evaluation of the Screening / Selection Committee informing the petitioners to appear for the selection process / interview for promotion under CAS.

The petitioners have not produced any materials to substantiate that they have got three years teaching experience as Associate Professor or any Statutory regulations of UGC or Annamalai University in order to claim simultaneous promotion in the same selection / interview as Professor. Therefore, this Court has no hesitation to hold that in the absence of any specific provision under UGC regulations, the claim of the petitioners, seeking two stage promotion / double promotion under CAS cannot be considered.

19. In the light of the aforesaid facts and discussions, this Court does not find any reason to interfere with the impugned orders passed by the second respondents in Official Memorandum No.C2/2021 dated 30.04.2021 and 12.07.2021 and finds no merit

in these writ petitions. In view of the dismissal of the writ petitions challenging the impugned notification of the second respondent dated 30.04.2021 on merits, the prayer for Mandamus to consider the petitioners representation dated 03.12.2020 cannot be entertained and are liable to the rejected.

20. In the result, all these Writ Petitions stands dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed. "

3. The learned counsel for the petitioners has not refuted the submissions of the learned Standing Counsel appearing for the respondent/University.

4. In my considered view, the order referred to supra squarely applies to the case on hand. Hence, I find no merit in these Writ Petitions. Accordingly, these Writ Petitions are dismissed on the same lines as in the above said order. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pvs To, The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District - 628 002.

+1 cc to Mr.M.Velmurugan, Advocate Sr.NO. 38730 W.P.Nos.5964 of 2022 etc., batch JP(CO) A.SK(30/06/2022)