Dr.M.Arunachalam v. Manonmaniam Sundaranar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M.P.(MD) No.1 of 2014 Dr.M.Arunachalam ... Appellant/Petitioner -vs1.Manonmaniam Sundaranar University By its Registrar Abishekapatti Tirunelveli-627 012 2.The Selection Committee Rep.by its Vice Chancellor Manonmaniam Sundaranar University Abishekapatti Tirunelveli-627 012 3.Dr.A.Mohandoss 4.Dr.E.Uday Bashara Reddy 5.Dr.S.Panagali 6.Dr.N.Chandrasekar 7.Dr.P.Kannappan 8.Dr.A.G.Murugesan ... Respondents/Respondents Prayer:- Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 29.02.2008, passed in W.P.(MD) No.7130 of 2007, on the file of this Court.

Prayer in WP(MD). 7130/ 2007 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records of the 1st Respondent University resolution in agenda No. 1, item no. B dt. 20/08/2007, quashs the same and consequently direct the 1st respondent to fill up the post of Professor in the department of Environmental Sciences in accordance with law. For Appellant :Ms.D.Geetha For Respondents:Mr.M.Mahaboob Athiff for M/s.Ajmal Associates for R1 & R2 Mr.S.Xavier Rajini for R8 R3 to R7 - No appearance

J U D G M E N T

S.VAIDYANATHAN, J.

DR.G.JAYACHANDRAN, J.

This writ appeal has been preferred by the writ petitioner challenging the order dated 29.02.2008 passed in W.P.(MD) No.7130 of 2007.

2. The appellant filed the said writ petition challenging the resolution of the Board dated 20.08.2007. The learned Single Judge, by the impugned order, has held that resolution of the Board cannot be questioned under Article 226 of the Constitution of India. Further, for the submission of the learned counsel for the appellant / writ petitioner that once it is found that Selection Committee has not been validly constituted, mere participation of the appellant / petitioner in the selection process cannot be held as an estoppel against him since there can be no estoppel against any statute, the learned Single Judge has held that since a Committee has been validly constituted, the question applying the principle of estoppel does not arise at all. By holding so, the learned Single Judge dismissed the writ petition.

3. It is to be noted that concerned persons have already retired from service on attaining the age of superannuation.

4. Taking note of the fact that resolution of the Board cannot be questioned, as rightly held by the learned Single Judge, more so, in the light of the fact that the concerned persons have already retired from service on account of superannuation, the present appeal is not maintainable.

5. Accordingly, the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) krk Note :

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To 1.The Registrar, Manonmaniam Sundaranar University , Abishekapatti, Tirunelveli-627 012.

2.The Vice Chancellor, Selection Committee, Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli-627 012.

+1 CC to M/s.K.RAGATHEESH KUMAR(ISSAC CHAMBERS),Advocate, SR37455, dated 06/12/2021 +1 CC to M/S.D.GEETHA ,Advocate, SR-37677 dated 07/12/2021 M.P.(MD) No.1 of 2014 03.12.2021 RK(15/12/2021) 3P 5C