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Madras High CourtWP/8735/2021disposed of

Dr.S.Magesh v. All India Council For Technical Education

2021-04-08Honourable Mr Justice R. Mahadevan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. No. 8735 of 2021 and W.M.P. No. 9267 of 2021 Dr. S.Magesh

...Petitioner

Vs.

1. All India Council for Technical Education Represented by its Member Secretary Nelson Mandala Marg Vasanth Kunj New Delhi - 110 070.

2. Saveetha Institute of Medical and Technical Sciences Represented by its Registrar

3. Dr. D.Dhanasekaran Registrar Saveetha Institute of Medical and Technical Sciences

4. Dr. Prasanna Sivanandam Convenor, Enquiry Committee Saveetha Institute of Medical and Technical Sciences

5. Dr. N.Deepa Member, Enquiry Committee Saveetha Institute of Medical and Technical Sciences

6. Dr. A.Manju Member, Enquiry Committee Saveetha Institute of Medical and Technical Sciences

...Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of the impugned second show cause notice dated 22.03.2021 issued by the Second and Third Respondents and quash the same. For Petitioner : Mr. M.Ramamoorthi For Respondents :

Mr. B.Rabu Manohar (For R1)

O R D E R

Mr.B.Rabu Manohar, learned counsel takes notice for the first Respondent. By consent, this writ petition is taken up for final disposal at the time of admission itself.

2.Challenging the show cause notice dated 22.03.2021 issued by the respondents 2 and 3 on the second occasion, the petitioner has come up with this writ petition.

3.Though the petitioner raised very many grounds in the affidavit filed in support of this writ petition, assailing the second show cause notice issued by the respondents 2 and 3, the learned counsel for the petitioner, on instructions, submitted that subsequent

to the filing of this writ petition, the petitioner submitted his reply dated 01.04.2021 to the second show cause notice, which is impugned herein. Hence, it would suffice, if the respondent authorities are directed to consider the same and pass orders, within a reasonable time to be fixed by this Court.

4.In view of the aforesaid subsequent development, this Court directs the respondent authorities to consider the reply dated 01.04.2021 submitted by the petitioner and pass a reasoned order, on merits and in accordance with law, after following the principles of natural justice, within a period of eight (8) weeks from the date of receipt of a copy of this order. 5.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

6.Registry is directed to communicate this order to all the respondents, since notice to the respondents is waived off, considering the limited relief granted in this writ petition.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar Maya To

1. All India Council for Technical Education Represented by its Member Secretary Nelson Mandala Marg Vasanth Kunj, New Delhi - 110 070.

2. Saveetha Institute of Medical and Technical Sciences Represented by its Registrar

3. Dr. D.Dhanasekaran Registrar Saveetha Institute of Medical and Technical Sciences

4. Dr. Prasanna Sivanandam Convenor, Enquiry Committee Saveetha Institute of Medical and Technical Sciences

5. Dr. N.Deepa Member, Enquiry Committee Saveetha Institute of Medical and Technical Sciences

6. Dr. A.Manju Member, Enquiry Committee Saveetha Institute of Medical and Technical Sciences W.P. No. 8735 of 2021 and W.M.P. No. 9267 of 2021 GPL(CO) KKV/28/05/2021 KKV/15/06/2021