D.Murugan v. Directorate Of Technical Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2021

CORAM

THE HONOURABLE THIRU JUSTICE V. PARTHIBAN W.P.No.11213 of 2021 and W.M.P.No.11863 of 2021 D.Murugan ... Petitioner Vs.

1. Directorate of Technical Education (DOTE), Rep.by its Director, No.53, Sardar Patel Road, Bakthavasalam Road, Guindy, Chennai - 600 025.

2. All India Council of Technical Education, rep.by its Regional Officer, 'Shastri Bhavan', 26, Haddows Road, Nungumbakkam, Chennai - 600 006.

3. The Registrar, Anna University, Guindy, Chennai - 600 025.

4. M/s.Government Polytechnic College, Kattuvananjur Village, Sankarapuram Taluk, Kallakurichi District - 606 401.

5. R.Dhivya

6. L.Jayaraman

7. The Principal, M/s.Thanthai Periyar Government Institute of Technology, Bagayam, Vellore - 632 002.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 to take disciplinary action against the 4th, 5th and 6th respondents.

For Petitioner : Mr.S.J.Raja Janakiraman For Respondents : Ms.K.Sudha for R2 Mr.L.P.Shanmugasundaram for R3

ORDER

(Heard through Video Conferencing) The grievance of the petitioner herein is that the respondents 5 & 6 were appointed as Guest Lecturers in the 4th respondent College in the year 2014 and have been working as part time Lecturers. The petitioner claims himself to be also a Guest Lecturer, working for some time in 4th respondent College. According to him, the respondents 5 and 6 were illegally selected and appointed. According to the petitioner, the qualification of the private respondents was defective and therefore, they were not entitled to continue as lecturers.

2. In the above circumstances, the petitioner appears to have given a representation for taking disciplinary action against the respondents 4, 5 and 6.

3. This Court is unable to appreciate the case of the petitioner for the simple reason that no direction could be given on the basis of self-serving averments of the petitioner who appears to be having an axe to grind against selection and appointment of the respondents 5 and 6 herein. It appears to be a personal fight between the petitioner on one hand as against the respondents 5 and 6 on the other and the petitioner with a malafide intention, is attempting to drag the Constitutional Jurisdiction of this Court into the fight.

4. This Court, time and again has held that a constitutional jurisdiction of this Court cannot be invoked for settling in personal scores. Moreover, this Court cannot issue any direction, as this Court is of the view that the petitioner has no locus standi to maintain this writ petition as continuance of the respondents 5 and 6 as lecturers does not clash with the right of the petitioner. In any event, this Court finds that the writ petition lacking in bonafides and, therefore, liable to be rejected.

5. Accordingly, the writ petition stands dismissed. No

costs. Consequently connected miscellaneous petitions is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar pns/sni To

1. Directorate of Technical Education (DOTE), Rep.by its Director, No.53, Sardar Patel Road, Bakthavasalam Road, Guindy, Chennai - 600 025.

2. The Regional Officer, All India Council of Technical Education, 'Shastri Bhavan', 26, Haddows Road, Nungumbakkam, Chennai - 600 006.

3. The Registrar, Anna University, Guindy, Chennai - 600 025.

4. M/s.Government Polytechnic College, Kattuvananjur Village, Sankarapuram Taluk, Kallakurichi District - 606 401.

+1cc to the Government Pleader, S.R.No.27605 W.P.No.11213 of 2021 PNS(CO) SU(15/07/2021)