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Madras High CourtWP/6481/2016dismissed as infructuous

K.Anandan v. Government Of India

2017-12-14Honourable Mr Justice N. Kirubakaran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2017

CORAM

THE HONOURABLE MR.JUSTICE N. KIRUBAKARAN W.P.Nos.6481, 6492 & 8737 of 2016 and W.M.P.Nos.5760, 5761, 5774, 7722 to 7724 of 2016 W.P.No.6481/2016 K.Anandan 1.Government of India Rep by the Joint Secretary Government of India Department of Higher Education 2.Pondicherry University Represented by the Registrar Dr.R.Ambedkar Administration Building R.V.Nagar, Kalapet, Puducherry-14.

3.The Vice-Chancellor in Charge Puducherry-14.

4.Prof.Anish Basheer Khan Junior Dean, School of Life Sciences Puducherry - 14.

5.Government of Pondicherry Pondicherry [R5 suo motu impleaded as per

Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records on the file of the 1st respondent vide order No.39-2/2015-Desk(U) dated 21.08.2015 appointing the 4th respondent as Vice Chancellor in charge particularly in respect of the order "till further orders"and quash the same as arbitrary ultra virus, without jurisdiction, against the statutes and against the principles of natural justice.

: Mr.Ami V.Kataria For P.J.Rishikesh : Mr.J.Madanagopal Rao [For R1] Mr.Stalin Abhimanyu [For R2-R4] Mr.C.T.Ramesh [For R5] Addl Government Pleader W.P.No.6492/2016 Dr.Ilamathy Janakiraman 1.Union of India Rep by Secretary Ministry of Human Resource Development Department of Higher Education Shastri Bhavan, New Delhi-110 011.

Puducherry.

3.Prof. Mrs.Anisa Basheer Khan The Acting Vice-Chancellor Puducherry.

4.Government of Pondicherry Pondicherry.

[R4 suo motu impleaded as per Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd and 3rd respondents not to take any policy decisions such as appointments, promotions, extensions of 3rd respondent acting Vice-Chancellor period beyond her seniority deanship dated 27.02.2016 and to strictly follow the statute 1(A)(7) of the Pondicherry University Act, 1985 and instructions of 1st respondent vide No.F39-16/2011-Desk(U) dt. 07.02.2012.

: Mr.E.Anbarasan : Mr.J.Madanagopal Rao for R-1 Mr.Stalin Abhimanyu for R2, R3 Mr.C.T.Ramesh Addl Government Pleader for R4(Pondy) W.P.No.8737/2016 Dr.Illamathy Janakiraman 1.Union of India Rep by the Secretary Department of Higher Education, Shastri Bhavan Puducherry.

3.Prof. Mrs.Anisa Basheer Khan Claiming as Acting Vice-Chancellor Puducherry.

4.Prof.M.Ramachandran Claiming as Registrar (acting) Puducherry.

5.Government of Pondicherry Pondicherry.

[R5 suo motu impleaded as per Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order dated 03.03.2016 made in F.No.39-02/2015-Desk U passed by the 1st respondent and to quash the same as highly illegal, arbitrary and ultra vires the Statute of Pondicherry University act, consequently direct the respondents to strictly follow the statute 1(A)(7) of the Pondicherry Universities Act, 1985.

: Mr.E.Anbarasan : Mr.J.Madanagopal Rao for R-1 Mr.Stalin Abhimanyu for R2 Mr.C.T.Ramesh Addl Government Pleader for R-5 (Pondy) C O M M O N O R D E R Learned counsel appearing on behalf of the petitioners seeks leave of this Court to withdraw these writ petitions stating that the matter has become infructuous and he has also made an endorsement to that effect.

2. In view of the representation and endorsement made by the learned counsel for the petitioners, these writ petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar maya To 1.The Secretary/Joint Secretary Department of Higher Education, Shastri Bhavan Pondicherry University,Puducherry.

3.The Acting Vice-Chancellor Pondicherry University, Puducherry.

+ 3 ccs to Mr. Stalin Abhimayu, Advocate SR.89752, 89653, & 89754 + 2 ccs to Mr.E. Anbarasan, Advocate SR.90153, 90154 + 1 cc to Mr.J.Madanagopal Rao, Advocate SR.88978 + 1 cc to Mr. P.J. Rishikesh, Advocate SR.89749 + 1 cc to Mr.K.S. Jeya Ganeshan, Advocate Sr.88991 W.P.Nos.6481, 6492 & 8737 of 2016 PA(CO) EU(09/01/2018)