Maj.Dr.K.R.Ajeendra Nath v. The Director Of Collegiate Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA W.A(MD)No.228 of 2025 and CM.P(MD)Nos.1607 and 1611 of 2025 Maj.Dr.K.R.Ajeendra Nath Associate Professor/HOD of Malayalam and Research Centre, S.T.Hindu College, Nagercoil, Kanyakumari District.
... Appellant/Writ Petitioner .Vs.
1.The Director of Collegiate Education, Office of the Directorate of Collegiate Education, DPI Campus, College Road, Chennai-6.
2.The Joint Director of Collegiate Education, Office of the Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District.
3.The Secretary, S.T.Hindu College, Nagercoil, 1/7
Kanyakumari District.
4.Dr.A.Nagarajan, The Secretary, S.T.Hindu College, Kanyakumari District.
5.The Officer, Commending 11(TN) Battalion NCC, No.49/4, Vellalar Colony, Nagercoil - 629 001.
(R5 was suo-motu impleaded as per order of this Court made in W.P(MD)NO.20513 of 2024, dated 28.08.2024) ... Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this Court to set aside the order of this Court made in W.P(MD)No.20513 of 2024, dated 02.01.2025.
For Appellant : Mr.Prabhu Rajadurai for M/s.Ajmal Associates For Respondents : Mr.J.Ashok 1 and 2 Addl.Govt.Pleader For Respondent-3 : Mr.V.Panneerselvam 2/7
JUDGMENT
(Judgment of the Court was made by Dr.G.JAYACHANDRAN.,J) The intra-Court appeal is by the Writ Petitioner, who is unsuccessful before the learned Single Judge challenging the redeployment order. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The short facts involved in this case is that the appellant, on 04.02.1991 joined as Associate Professor in Malayalam at the fourth respondent ST.Hindu College, Nagercoil, Kanyakumari District. By virtue of order, dated 16.08.2024, he is presently deployed to a Private Women's College 30 Kms away for the reason that there is no Malayalam student in the fourth respondent College since 2021-2022 academic year. As per the order passed by the Director of Collegiate Education, dated 16.08.2024 to sustain a department in a language, there must be at least 10 students, wherein, in S.T.Hindu College, Nagercoil, Kanyakumari District for the academic year 2019-2020 and 2020-2021, there was only one student who opted Malayalam as his first language and from 2021-2022, no 3/7
student had opted Malayalam as the first language. 4.According to the appellant/Writ Petitioner, order is passed with malice and there is no justification for deploying the appellant from the third respondent college. According to the learned counsel for the appellant, apart from being a professor, the appellant was also in charge of NCC Unit and by deployment to the neighbouring Women's College, interest of the NCC Cadets also in peril. 5.The learned counsel for the third respondent College would submit that there is decline of students in taking Malayalam as a language and therefore, even in the year 2017, Collegiate Education Department thought it fit to redeploy the appellant to neighbouring college. However, that attempt did not fructify then.
For the past three years, there is no students to take Malayalam as language and as far as charge of NCC Unit, the Commandant of Tamil Unit No.10 has given post ratification for deployment vide communication, dated 10.01.2025. Hence there is no impediment in deploying the Appellant. 6.
behalf of the appellant and the Respondents, had upheld the deployment order and dismissed the Writ Petition holding that there is no merit. According to the learned Single Judge order of deployment is due to fall in student strength and the petitioner is deployed to another college and he is entitled to be repatriated to the parent college, in case of increase in the students strength. In such circumstances, no prejudice would be caused to the Writ Petitioner by way of impugned deployment order to the neighbouring college. 7.This Court finds that the learned Single Judge has considered all the points raised by the Writ Petitioner and negatived his request and the impugned order of deployment is passed on facts and not tainted with any mala-fide.
For the administrative reasons and in the interest of students, the Writ Petitioner been redeployed to the neighbouring college. Hence the Writ Appeal is dismissed. 8.The management as well as the Collegiate Education Department shall ensure that the monetary benefit of the appellant is protected and no prejudice in any way or any form be caused to the appellant by way of this deployment.
9.The Department of Collegiate Education shall ensure the appellant joins the Sri Devi Kumari Women's College, Kuzhithurai without any hurdle as per their order, dated 16.08.2024. No costs. Consequently, connected Miscellaneous Petition is closed.
[G.J.,J.] [R.P.,J.] 03.02.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Director of Collegiate Education, Office of the Directorate of Collegiate Education, DPI Campus, College Road, Chennai-6.
2.The Joint Director of Collegiate Education, Office of the Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District.
3.The Officer, Commending 11(TN) Battalion NCC, No.49/4, Vellalar Colony, Nagercoil - 629 001.
6/7
DR.G.JAYACHANDRAN, J.
and R.POORNIMA ,J.
vsn JUDGMENT MADE IN W.A(MD)No.228 of 2025 and CM.P(MD)Nos.1607 and 1611 of 2025 03.02.2025 7/7