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Madras High CourtWP/9864/2023closed

Urumu Dhanalakshmi College v. Director Of Collegiate Education

2023-06-12Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.9937 and 9939 of 2023 Urumu Dhanalakshmi College Council (Society), Rep. by its Secretary K.Ramakrishnan, Kattur, Tiruchirappalli - 620 019.

...Petitioner

Vs.

1. Director of Collegiate Education, 577, Anna Salai, Saidapet, Chennai - 600 015.

2. Regional Joint Director of Collegiate Education, O/o.Regional Joint Directorate of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli - 620 023.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the first respondent in communication No.Mu.Mu.No.13634/F3/2021 dated 10.05.2021 and quash the same in so far as it restricts the tenure of the Secretary of the College Committee till 27.03.2023 and consequently direct the first respondent, to issue a corrigendum accepting the tenure fixed by the Educational Agency i.e., for the period 28.03.2021 to 27.03.2024. 1/4

For Petitioner : Mr.Masilamani, Senior counsel for Mr.Mani Sundargopal For Respondents : Mrs.N.Senthil Selvi,GA

O R D E R

This writ petition has been filed seeking for issuance of a writ of Certiorarified Mandamus to quash the proceedings of the first respondent in communication No.Mu.Mu.No.13634/F3/2021 dated 10.05.2021 in so far as it restricts the tenure of the Secretary of the College Committee till 27.03.2023 and consequently direct the first respondent, to issue a corrigendum accepting the tenure fixed by the Educational Agency i.e., for the period 28.03.2021 to 27.03.2024.

2. It is the case of the petitioner that he was nominated as Secretary of the College Committee for a period of two years, which is wholly contrary to the Rule 9(2) of the provisions of the Private Colleges Regulation, 1976 as it states that "the term of office of the Secretary shall, ordinarily be three years. However, he/she shall be eligible for re-nomination for subsequent terms". Hence the present writ petition has been filed challenging the 2/4

impugned order which came to be passed by the 1st respondent on 10.05.2021 relating to the tenure of the Secretary of the College.

3. When the matter is taken up for hearing learned counsel for the respondents submitted that this Court vide order dated 03.04.2023 in W.M.P.Nos.9937 and 9939 of 2023, stayed the operation of the impugned order passed by the 1st respondent. However, subsequently, the tenure of the Secretary of the College was extended from 28.03.2023 to 27.03.2024 by the first respondent vide proceedings dated 15.05.2023.

4. In light of the submission made by learned counsel for the respondents and also in view of the proceedings of the first respondent dated 15.05.2023, no further orders is necessary in this writ petition. Hence this writ petition stands closed. No costs. Consequently connected miscellaneous petition is closed.

12.06.2023 (rap) NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No 3/4

M.DHANDAPANI., J.

(rap) To

1. Director of Collegiate Education, 577, Anna Salai, Saidapet, Chennai - 600 015.

2. Regional Joint Director of Collegiate Education, O/o.Regional Joint Directorate of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli - 620 023.

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