Federation Of Anti Corruption v. The Chancellor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Federation of Anti Corruption Teams - India (FACT India) Regn. No.45/2009 Rep. by its Secretary, C.Selvaraj No.20, Viyasar Street, T.Nagar Chennai.
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Petitioner in both W.Ps Vs.
1. The Chancellor Tamil Nadu Dr.J.Jayalalitha Fisheries University Rep. by the Secretary to the Governor Raj Bhavan, Guindy Chennai 600 025.
2. The Vice Chancellor Tamil Nadu Dr.J.Jayalalitha Fisheries University Vettar River View Campus Nagapattinam - 611 002.
3. The Registrar Tamil Nadu Dr.J.Jayalalitha Fisheries University Vettar River View Campus Nagapattinam - 611 002.
4. Stephen Sampath Kumar Director i/c, Directorate of Sustainable Aquaculture Thanjavur.
5. N.Felix Dean i/c, Institute of Fisheries Post Graduate Studies OMR Campus, Vaniyanchavadi Chennai.
6. The Secretary to Government The Department of Animal Husbandry and Fisheries Secretariat, Fort St. George Chennai - 600 009.
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Respondents in both W.Ps Prayer in W.P.No.27667 of 2019: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records in pursuant to the third respondent's impugned advertisement No.3/2019 dated 27.06.2019 and quash the same and consequently direct the first respondent to conduct an enquiry in respect of unapproved courses offered by the University and on the mismanagement/maladministration of the second and third respondents, in the interest of the students; Prayer in W.P.No.27669 of 2019: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records in pursuant to the third respondent's impugned advertisement No.2/2019 dated 27.06.
2019 and quash the same and consequently direct the first respondent to conduct an enquiry in respect of unapproved courses offered by the University and on the mismanagement/maladministration of the second and third respondents, in the interest of the students. For the Petitioner : No appearance For the Respondents in both W.Ps : Mr.V.
Mr.V.S.Jagadeesan for R4 & R5 Mr.T.K.Saravanan Government Advocate for R6 COMMON ORDER (Made by the Hon'ble Chief Justice) None appears for the petitioner. Heard Mr.V.Vijay Shankar, learned counsel for respondents 2 and 3, Mr.V.S.Jagadeesan, learned counsel for respondents 4 and 5 and Mr.T.K.Saravanan, learned Government Advocate for respondent 6.
2. The present public interest litigations are filed in service matters. It is trite that public interest litigations in service matters are not maintainable. The only exception is a writ of quo warranto. The petitioner is challenging the notification/advertisement on the ground that the same are in violation of the qualifications mentioned in the Tamil Nadu Fisheries University Regulations and the posts are not approved by the Government.
3. The affected parties are not before us. The advertisement is of the year 2019.
4. Learned counsel for the respondents submits that the selection has been completed and appointments are also made by following proper procedure and the qualifications laid down.
5. In the light of that and as none appears for the petitioner, these writ petitions stand disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.27180, 27184, 27189 & 27192 of 2019 are closed.
(S.V.G., CJ.) (D.B.C., J.) 06.12.2023 Index :
Yes/No :
Yes/No drm
To
1. The Chancellor Tamil Nadu Dr.J.Jayalalitha Fisheries University Rep. by the Secretary to the Governor Raj Bhavan, Guindy Chennai 600 025.
2. The Vice Chancellor Tamil Nadu Dr.J.Jayalalitha Fisheries University Vettar River View Campus Nagapattinam - 611 002.
3. The Registrar Tamil Nadu Dr.J.Jayalalitha Fisheries University Vettar River View Campus Nagapattinam - 611 002.
4. The Secretary to Government The Department of Animal Husbandry and Fisheries Secretariat, Fort St. George Chennai - 600 009.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 06.12.2023