M.Pitchai v. P.G.Kumaraguru

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.7.2017

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Writ Appeal No.809 of 2012 M.Pitchai ..

Appellant Vs.

1. P.G.Kumaraguru

2. State of Tamil Nadu rep. by its Secretary to Government Department of Law Fort St. George Chennai 600 009.

3. The Director of Legal Studies Purasawalkam High Road Chennai 600 010.

4. The Registrar Tamil Nadu Dr. Ambedkar Law University Greenways Road Adyar Chennai 600 020.

5. The Secretary The Tamil Nadu Bar Council NSC Bose Road Chennai 600 104.

6. The Secretary University Grants Commission Bahadur Shah Zafar Marg New Delhi 110 002.

.. Respondents Appeal under Clause 15 of the Letters Patent directed against the order dated 21.3.2012 made in W.P.No.5014 of 2012. Prayer in W.P. 5014 of 2012:

Writ of quo warranto directing the 3rd Respondent to show cause by what authority he holds the post of Principal of Chinglaput Government Law College, Chinglaput and consequently remove the 3rd Respondent from that post.

For Appellant : Mr.M.Venkatakrishnan For Respondent - 1 : No appearance ForRespondents 2&3 : Mr.V.Jayaprakash Narayanan, Spl.G.P.

For Respondent - 4 : Mr.V.M.G.Ramakannan For Respondent - 5 : Mr.S.Y.Masood For Respondent - 6 : Mr.P.R.Gopinath

J U D G M E N T

(Delivered by Huluvadi G.Ramesh,J) This appeal is directed against the order dated 21.3.2012 made in W.P.No.5014 of 2012.

2. Heard the learned counsel appearing for the appellant, learned Special Government Pleader appearing for the respondents 2 and 3 and the learned counsel respectively appearing for the respondents 4, 5 and 6.

3. The appellant, who was teaching pre-law course in the Government Law College, was promoted as Principal. The said promotion was challenged by the first respondent herein, in W.P.No.5014 of 2012. The learned single Judge, taking note of the fact the promotion of the appellant was made contrary to the UGC Regulations 2010, set aside the order of promotion.

4. Admittedly, the promotion of the appellant to the post of Principal was contrary to the UGC norms. Therefore, the learned single Judge has rightly set aside the order of promotion. Further, it is now submitted that pursuant to the order of the learned single Judge, the appellant was demoted and thereafter, he retired on superannuation. Therefore, nothing survives for consideration in this appeal.

5. In view of the above, this writ appeal is dismissed. However, there shall be no order as to costs. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar kpl

To

1. The Secretary to Government Department of Law Fort St. George, Chennai 600 009.

2. The Director of Legal Studies Purasawalkam High Road Chennai 600 010.

3. The Registrar Tamil Nadu Dr. Ambedkar Law University Greenways Road, Adyar Chennai 600 020.

4. The Secretary University Grants Commission Bahadur Shah Zafar Marg New Delhi 110 002.

5. The Secretary The Tamil Nadu Bar Council NSC Bose Road Chennai 600 104.

+1 CC to Mr.M. Venkatakrishnan, advocate sr 52595. +1 CC to Govt. Pleader sr 52747.

W.A.No.809 of 2012.

RK(CO) sp(09/08/2017)