Dr.D.Mathialagan, v. Tamil Nadu Teachers Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 03.08.2020
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO. 28887 OF 2013 and M.P.No.1 of 2013 DR.D.Mathialagan ... Petitioner Vs
1. Tamil Nadu Teachers Education University rep. by Registrar (I/c) Lady Wellingdon College Campus, Kamarajar Salai, Chennai-5.
2. The Sub Post Master Thiruvallikeni Sorting Office, Speed Post Unit India Post Thiruvallikeni, Chennai.
3. The Post Master General India Post, Anna Salai, Chennai.
... Respondents Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Certiorarified Mandamus Calling for the records on the file of the first respondent herein to challenge the validity of the proceedings of the first respondent herein in Official Communication No.TNTEU/R/Registrar Appt./ 2013/1693 dated 20.9.2013 and to issue consequential directions to the first respondent to allow the petitioner to participate in the selection proceedings by accepting his Application dated 14.9.2013 for appointment to the Post of Registrar of the first respondent University and to consider the candidature of the petitioner on the basis of his qualification, eligibility and performance in the selection proceedings for appointment to the Post of Registrar of the first respondent Unviersity.
For Petitioner : Mr.M.Ravi For Respondents: Mr.S.Suresh Kamar, G.A. For R1 : M/S Sunitakumari for RR2 &3
ORDER
The writ petition has filed by the petitioner, to call for the records on the file of the first respondent herein in to challenge the validity of the proceedings of the first respondent herein in Official Communication No.TNTEU/R/Registrar Appt./ 2013/1693 dated 20.9.2013 and to issue consequential directions to the first respondent to allow the petitioner to participate in the selection proceedings by accepting his Application dated 14.9.2013 for appointment to the Post of Registrar of the first respondent University and to consider the candidature of the petitioner on the basis of his qualification eligibility and performance in the selection proceedings for appointment to the Post of Registrar of the first respondent Unviersity.
2.The case of the petitioner is that the petitioner submitted application for appointment to the post of Registrar along with enclosures and Demand Draft by Speed Post to the first Respondent University from Erode on 14.09.2013. The grievance of the petitioner is that the said application was received on 16.09.2013 and it was delivered to the first respondent on 17.09.2013 before the cut off date for receiving the application, however the 1st respondent passed the impugned order stating that the petitioner's applicaton was delivered belatedly, i.e., after the last date of the submission. Challenging the said impunged order the present petition has filed by the petitioner with the above said prayer.
3. Learned counsel appearing for the petitioner submitted that while entertaining the writ petition, this Court passed an interim direction, directing the petitioner to resubmit his application to the first respondent directly on or before 28.10.2013; on receiving such application the first respondent was directed to call the petitioner for interview and proceed in accordance with law and file report before this Court on 04.11.2013. Hence the prayer in the writ petition stands complied with by way of interim direction passed by this Court and, therefore, nothing survives for further adjudication. It is further submitted by the learned counsel for the petitioner that further to the rejection of the petitioner's candidature, the petitioner has challenged the selection process of the other candidate by filing a separate writ petition in the year 2014.
4. Recording the said submission made by the learned counsel for the petitioner, this petition is closed as nothing survives for further adjudication in this present petition.
Consequently connected miscellaneous petition is closed. However liberty is granted to the petitioner to workout his remedies in the subsequent writ petition in accordance with law. There shall be no order as to costs.
Sd/- Assistant Registrar(CS-III-MDU) //True Copy// Sub Assistant Registrar jrs To
1. Tamil Nadu Teachers Education University rep. by Registrar (I/c) Lady Wellingdon College Campus, Kamarajar Salai, Chennai-5.
2. The Sub Post Master Thiruvallikeni Sorting Office, Speed Post Unit India Post Thiruvallikeni, Chennai.
3. The Post Master General India Post, Anna Salai, Chennai.
W.P. NO.28887 OF 2013 LC(CO) CB(28/09/2020)