Dr.T.Sumathi, Ph.D., v. The Vice Chancellor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.17967 of 2023 and W.M.P. No.17121 of 2023 T.Sumathi ... Petitioner Vs 1.The Vice Chancellor, Chair Person of Selection Committee, University of Madras, Chepauk, Chennai - 600 005.

2.The Registrar, University of Madras, Chepauk, Chennai - 600 005.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the impugned order passed by the second respondent in his Proceeding in Official Communication No.D1(A)/TE/2023/383 dated 02.06.2023 and quash the same. For Petitioner : Mr.N.G.R.Prasad for Mr.K.Raja For Respondents : Ms.V.Sudha

ORDER

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Heard Mr.N.G.R.Prasad, representing for Mr.K.Raja, learned counsel for the petitioner and Ms.V.Sudha, learned counsel for the respondents.

2.Challenging the impugned Proceeding in Official Communication No.D1(A)/TE/2023/383 dated 02.06.2023 passed by the second respondent, the writ petition has been filed. 3.A Show Cause Notice calling upon the petitioner to submit her explanation as to why disciplinary action should not be initiated against her is put under challenge.

4.The Hon'ble Supreme Court as well as this Court in various decisions have consistently held that interference to the Show Cause Notice has to be made sparingly, except under certain limited exceptions. 5.In the instant case, the petitioner would submit that now her name has been made for recommendation to the post of Professor under Career Advancement Scheme (CAS). In view of the disciplinary 2/4

proceedings, she would be deprived of the same. The petitioner has also given certain explanations for her absence in the Research Review Committee Meetings.

6.Such of those explanations cannot be an exception for this Court to exercise its power under Article 226 of the Constitution of India, rather the petitioner would always be at liberty to give her explanations within a period of two weeks from the date of receipt of a copy of this order. The writ petition stands closed with the above liberty. No costs. 16.06.2023 Index:Yes/No Speaking order/Non-speaking order vga To 1.The Vice Chancellor, Chair Person of Selection Committee, University of Madras, Chepauk, Chennai - 600 005.

2.The Registrar, University of Madras, Chepauk, Chennai - 600 005.

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M.S.RAMESH,J.

vga W.P.No.17967 of 2023 and W.M.P. No.17121 of 2023 16.06.2023 4/4