Madras High CourtWP/10913/2006dismissed as infructuous

S. Jayanthi Plot No. 3, v. The State Of Tamilnadu Rep.By

2015-02-09Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2015 CORAM :

THE HONOURABLE MR. JUSTICE T. RAJA W.P.NO. 10913 OF 2006 and W.P.M.P. No.12369 of 2006 S. Jayanthi

...Petitioner

Vs.

1. The State of Tamilnadu Rep. by its Secretary to Government Higher Education Department Fort St. George Chennai - 9.

2. The Commissioner of Technical Education Directorate of Technical Education Chennai - 25.

3. Mr. P. Senthilmuthalvan [Given up ] [As per order dated 02.02.2015]

4. V.M. Shanthi

5. P.D. Arumairaj

6. S. Sidharthan

...Respondents

PRAYER: Petition has been filed under section 226 of the Constitution of India to issue an order of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 1st respondent in G.O. Ms. No.432 Higher Education (L1) Department dated 8.11.2005 and quash the same and consequently, directing the 1st and 2nd respondents to appoint the petitioner to the post of Assistant Professor with effect from the date of acquiring of the Ph.D qualification and forbearing in any manner making promotion to the post of Assistant Professor without following the qualification

prescribed by G.O. Ms. No. 305 Higher Education (C2) Department dated 18.11.2000 and pass further orders.

For petitioner :

Mr. R. Suresh Kumar For respondents :

Mr. R. Govindasamy, AGP for R1 and R2 Mr. A. Thiyagarajan for R4 Mr. S.M. Subramaniam for R5 Mr. R. Rengaramanujam for R6 R-3 Given Up

O R D E R

This Writ Petition is filed by Ms. S. Jayanthi, challenging the impugned G.O. Ms. No.432 Higher Education (L1) Department dated 8.11.2005 and quash the same with a consequential direction to appoint the petitioner to the post of Assistant Professor with effect from the date of acquiring of the Ph.D qualification and with a further direction to forbear in any manner making promotion to the post of Assistant Professor without following the qualification prescribed by G.O.Ms. No. 305 Higher Education (C2) Department dated 18.11.2000.

2. Mr. R. Suresh Kumar, learned counsel appearing for the petitioner submitted before this Court that the promotion given to the respondents 4 to 6 are against sub paragraph 2, of paragraph 2 of G.O. (Ms.) No.305 Higher Education (C2) Department dated 18.07.2000, wherein it is specifically mentioned that for the grade of Assistant Professor and above, the minimum eligibility criteria would be Ph.D. On the date of giving promotion to the respondents 4, 5 and 6 they were not holding the Ph.D degrees. However, he fairly admitted before this Court that subsequent to the passing of G.O. (Ms.) No.305 Higher Education (C2) Department dated 18.07.2000, the respondents have also passed one another G.O. (Ms.) No. 342 Higher Education (C

20) Department dated 07.08.2000, within less than one month, diluting the above said qualification mentioned in sub paragraph 2(2) of G.O. (Ms.) No.305 Higher Education(C2) Department dated 18.07.2000 and hence nothing survives in this petition. The third respondent is no more and therefore he is given up.

3. In view of the above, since nothing survives in the Writ Petition, the same is dismissed as infructuous. No order as to costs.

Sd/- Assistant Registrar(AD-I) //True Copy// Sub Assistant Registrar avr To

1. The Secretary to Government Higher Education Department Fort St. George Chennai - 9.

2. The Commissioner of Technical Education Directorate of Technical Education Chennai - 25.

1 CC to Mr. R. Rengaramanujam, Advocate SR.No. 6750 1 CC to Mr. R. Suresh Kumar, Advocate SR.No. 6735 1 CC to Mr. A. Thiyagarajan, Advocate SR.No. 6746 1 CC to Mr. S.M. Subramaniam, Advocate SR.No. 7006 1 CC to the Government Pleader, SR.No. 6957 W.P.NO. 10913 OF 2006 and W.P.M.P. No.12369 of 2006 CNR (CO) PSI (26.02.2015)