Dr.J.M.Asgarali Patel v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN And W.M.P.No.22517 of 2025 Dr.J.M.Asgarali Patel ... Petitioner Vs.

1.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District - 608 002.

2.Dr.K.Nagalakshmi ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the impugned order issued by the first respondent in University Order No.267/2025(C) dated 01.06.2025 and quash the same as illegal and against the principles of Natural Justice.

For Petitioner : M/s.Dakshayani Reddy Senior Counsel for M/s.S.Suneetha For Respondents : Ms.H.Mary Sowmi Rexi for R1 Standing Counsel for M/s.Isaac Chamber M/s.T.Dharani for R2 1/4

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorari calling for the records of the impugned order issued by the first respondent in University Order No.267/2025(C) dated 01.06.2025 and quash the same as illegal and against the principles of natural justice.

2.The learned Senior Counsel appearing for the petitioner would submit that the impugned order dated 01.06.2025 is against Section 46 of the Annamalai University Act. It is the further submission of the learned Senior Counsel that whenever there is no Professor post is available, then only Associate Professor may be considered for the Head of Department, whereas, the petitioner being a Professor and which was also accepted by the first respondent vide order dated 06.05.2024, they cannot appoint the second respondent as the Head of Department.

3.At this juncture, the learned Standing Counsel appearing for the first respondent fairly submitted that before issuing the impugned order, they did not issue notice to the petitioner and expressed that they do not have any objection to quash the order dated 01.06.2025 2/4

with a rider that the matter may be remitted to the first respondent for fresh consideration.

4.Recording the submission of the learned Standing Counsel appearing for the first respondent, the impugned order dated 01.06.2025 is set aside. The matter is remitted back to the first respondent for fresh consideration in accordance with Rules and also in accordance with the order passed in W.A.No.1807 of 2022 and also by following due process of law.

5.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 27.06.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District - 608 002.

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C.KUMARAPPAN,J.

pri And W.M.P.No.22517 of 2025 27.06.2025 4/4