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Madras High CourtWP/13421/2016dismissed

S.Ramesh, v. The Secretary To The

2016-04-11Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2016

CORAM

THE HONOURABLE MR. JUSTICE T. RAJA W.P.No.13421 of 2016 S. Ramesh ..Petitioner Vs.

1. The Secretary to the Government, Finance Department (Expenses), St. George Fort, Chennai 600 009.

2. The Registrar, Coimbatore & District, Pin 604 046.

3. The Vice Chancellors, (Bharathiyar Committee Convener) The Secretary to the Government, Department of Higher Education, St. George Fort, Chennai 600 009.

4. The Chairman, Syndicate of Bharathiyar University, Coimbatore & District, Tamilnadu, Pin 604 046.

5. The Convener, Technical Norms Committee, Tamilnadu, Pin 604 046.

6. The Chairman, Selection Committee for the Post of System Manager, Coimbatore, Tamilnadu, Pin 604 046.

7. Dr.P.Kamalakannan (Member of Vice Chanellor Committee, Associated Professor in Tamil, Chikkaiah Naicker College,

Erode & District.

8. Mr.S.Magesh, System Analyst, Examination Section, Coimbatore & District.

Tamilnadu, Pin 604 046.

..Respondents Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of minutes of the Technical Norms Committee held on 23.4.2015 at 11.00 a.m., in the Syndicate Hall, Bharathiyar University, quash the same, further direct the 2 to 7 respondents herein to recruit the post of System Manager by direct appointment and recruit the petitioner for the post of System Manager on the basis of the Petitioner's representation dated 22.1.2016.

For Petitioner : Mr.Dalit Tiger C. Ponnusamy For Respondent : Mr.A.Kumar Spl. Govt. Pleader (R1)

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the first respondent.

2. This Writ Petition is filed by S. Ramesh seeking to quash the minutes of the Technical Norms Committee held on 23.4.2015 at 11.a.m. in the Syndicate Hall, Bharathiyar University. Even a perusal of the minutes also does not show any light as to whether the 8th respondent has been appointed to the post of System Manager. Merely on a surmise that the 8th respondent has been appointed as a System Manager on 12.1.2016, the present Writ Petition has been filed.

3. This Court is also not able to accept the case of the petitioner which has been placed only on mere surmises and conjectures. Unless the petitioner is able to show any order of appointment appointing the 8th respondent Mr.S.Magesh to the post of System Manager, the prayer in the Writ petition cannot be retained. This apart, the attendance Register produced by the petitioner in the typed set showing 8th respondent's attendance after appointing him in the post of System Manager is also not showing that the 8th respondent along with others has marked his attendance on 12.1.2016 as System Manager. Therefore, the prayer made by the petitioner to quash the Minutes is far from acceptance and the Writ Petition filed by the petitioner is wholly untenable and unsustainable. On this

score also, the Writ petition fails and hence the same is hereby dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

msr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Secretary to the Government, Finance Department (Expenses), St. George Fort, Chennai 600 009.

2. The Registrar, Coimbatore & District, Pin 604 046.

3. The Vice Chancellors, (Bharathiyar Committee Convener) The Secretary to the Government, Department of Higher Education, St. George Fort, Chennai 600 009.

4. The Chairman, Syndicate of Bharathiyar University, Coimbatore & District, Tamilnadu, Pin 604 046.

5. The Convener, Technical Norms Committee, Tamilnadu, Pin 604 046.

6. The Chairman, Selection Committee for the Post of System Manager, Coimbatore, Tamilnadu, Pin 604 046.

+ 1 cc to The Govt.Pleader, Sr 22733 + 1 cc to Mr.Dalit Tiger C.Ponnusamy, Advocate Sr 22590 KR/2/6/16 W.P.No.13421 of 2016