The State Of Tamilnadu v. G.Aruna

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.1825 of 2025 1.The State of Tamil Nadu, Rep.by its Secretary to Government, Collegiate Education Department, Fort.St.George, Chennai.

2.The Director of Collegiate Education, College Road, Chennai - 600 015.

3.The Principal, Government Arts and Science College, Kadayanallur, Tenkasi District.

... Appellants Vs.

G.Aruna ... Respondent Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.15064 of 2024 dated 09.07.2024 on the file of this Court. 1/6

For Appellants : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.C.Venkateshkumar, Spl. Government Pleader.

For Respondent : Mr.T.Lajapathy Roy, Senior Counsel, For M/s.Ajmal Associates.

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The State is on appeal questioning the order dated 09.07.2024 passed by the learned Single Judge allowing W.P.(MD)No.15064 of 2024 filed by the respondent herein.

3.The respondent herein was appointed as Assistant Programmer in a Government Arts and Science College, Kadayanallur. The recruitment notification in this regard was issued in September 2023. Interview was held on 16.10.2023. The educational qualification set out in the notification was as follows:- 2/6

"1) B.Sc. Computer Science (or)

2) B.Sc. Maths (or) Physics (or) Statistics Main (Compulsory one Year Certificate Course in Compute Application in a recognized College / Institute) (or)

3) Diploma in Computer Science from the recognized Polytechnic or equivalent Corporation.

4.The writ petitioner / Aruna is a holder of B.E. in Computer Science. One Dharani raised a complaint that the writ petitioner herein was not eligible to be appointed. Hence, the impugned show cause dated 25.06.2024 was issued by the Director of Collegiate Education, College Road, Chennai. The learned Single Judge set aside the same vide order dated 09.07.2024.

5.We are clearly of the view that the learned Single Judge ought not to have interfered at the show cause notice stage. The complainant in this case has raised some arguable issues. Based on the same, the impugned show cause notice has been issued. It is for the writ petitioner 3/6

to offer her explanation. Since the writ petitioner is presently an incumbent, it is just and proper that she is also personally heard by the Director of Collegiate Education before final order is passed. Since Dharani has raised certain issues, she also may be heard by the authority concerned. Status quo as on date will prevail till final order is passed. Continuance of Aruna in the post will be subject to the outcome of the final order to be passed by the authority. The Director of Collegiate Education, College Road, Chennai is obliged to furnish all the relied upon documents in the impugned show cause notice to the noticee. We have not gone into the merits of the matter. The contentions and defences of both the parties are left open.

6.In this view of the matter, the order of the learned Single Judge is set aside and the writ appeal is allowed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S. J.,) & (K.R.S. J.,) 01.08.2025 NCC : Yes/No Index : Yes / No 4/6

Internet : Yes/ No ias To:

1.The Principal Secretary, Government of Tamil Nadu, Higher Education Department, Secretariat, St.George Fort, Chennai - 600 009.

2.The Director, Directorate of Collegiate Education, No.557, Anna Salai, Saidapet, Chennai - 600 018.

3.The Principal, Government Arts and Science College, Kadayanallur, Tenkasi District - 627 751.

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G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias 01.08.2025 (2/2) 6/6