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Madras High CourtWP/6721/2024disposed of with direction

Dr.P.Vijayakumar v. The Registrar (I/C)

2026-01-06Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P. Nos.7477 and 7478 of 2024 Dr.P.Vijayakumar ..Petitioner Vs The Registrar (I/c) Anna University, Sardar Patel Road, Chennai-600 025.

..Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, for writ of Certiorarified Mandamus, calling for the records pertaining to the minutes of the 267th meeting of the Syndicate of the respondent held on 20.04.2023 and quash the same in so far as it pertains to the annulment of the selection of the petitioner for the post of Associate Professor and consequently direct the respondent to select the petitioner as Associate Professor in any one of the following departments, the Department of Information Technology, MIT campus, Department of Computer Technology, MIT Campus Department of Computer Science and Engineering, CEG Campus, and Department of Information science and Technology, CEG Campus and issue posting orders within a time frame to be fixed by this Court.

For Petitioner:

Ms. N. Kalaivani for Mr.Richardson Wilson For Respondent:

Mr.V.R. Vishnu for Ms.Srimathi

ORDER

This writ petition has been filed to call for the records pertaining to the Minutes of the 267th meeting of the Syndicate of the respondent held on 20.04.2023 and quash the same in so far as it pertains to the annulment of the selection of the petitioner for the post of Associate Professor and consequently direct the respondent to select the petitioner as Associate Professor in any one of the following departments, the Department of Information Technology, MIT campus, Department of Computer Technology, MIT Campus Department of Computer Science and Engineering, CEG Campus, and Department of Information science and Technology, CEG Campus and issue posting orders within a time frame to be fixed by this Court.

2. It is stated that petitioner possessed qualification of B.E., M.E. and Ph.D. in Computer Science and Engineering and was appointed as Assistant Professor in the year 2008. While in service, a criminal case was registered by the DVAC and after conducting detailed enquiry, the said case was recommended to be dropped and the same was also accepted by the

Government. While so, pursuant to the Notification dated 30.09.2020 for direct recruitment to the post of Associate Professor, the Selection Committee recommended the petitioner based on academic merit. However, it is the grievance of the petitioner that in the very same Syndicate Meeting, the respondent relied upon an earlier resolution proposing compulsory retirement and declined approval. In such circumstances, this writ petition has been filed.

3. Learned counsel for the petitioner submitted that the allegations levelled against the petitioner was dropped and when that being so, without considering the same, the action of the respondent University in not appointing the petitioner as Associate Professor, pursuant to recommendations made in the Minutes of the Selection Committee Meeting held on 20.04.2023 leads to clear illegality and interference by this Court is therefore required. Further, she vehemently argued that the suggestion of compulsory retirement imposed on the petitioner by referring the Minutes of the 267th Meeting of the Syndicate of the respondent held on 20.04.202 is unjustifiable.

4. However, learned counsel fairly submitted that during the pendency of the writ petition, the respondent has passed an order of compulsory retirement for the alleged financial loss incurred to the University. Against which, the petitioner has preferred an appeal before the Appellate Authority. Therefore, this Court may issue appropriate directions in this regard.

5. Learned counsel appearing for the respondents submitted that pursuant to the resolution of the 271st Syndicate, the penalty of compulsory retirement has been confirmed and an effective order has been passed, vide order of the respondent dated 09.08.2024. Conceding the aforesaid submission, he submitted that aggrieved by the said order dated 09.08.2024, the petitioner has already filed an appeal. In view of the above, this Court may dispose of this writ petition by issuing suitable directions to the petitioner to work out the remedy before the appellate authority.

6. Acceding the same, learned counsel for the petitioner prayed for such a liberty.

7. This Court has considered the submissions made by learned counsel on both sides.

8. Admittedly, during the pendency of the present writ petition, a final order of compulsory retirement dated 09.08.2024 has been passed against the petitioner. It is also not in dispute that the petitioner has already preferred a statutory appeal before the competent Appellate Authority.

9. In view of the above subsequent development, no further adjudication on merits is required in the present writ petition. However, liberty is granted to the petitioner to work out his remedy before the Appellate Authority, if he so desires.

10. Granting the aforesaid liberty, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 06-01-2026 Index: Yes/No Speaking/Non-speaking order VSI-2 To The Registrar (I/c) Anna University, Sardar Patel Road, Chennai-600 025.

M.DHANDAPANI J.

VSI-2 WP No. 6721 of 2024 AND WMP Nos.7477 and 7478 of 2024 06-01-2026