Latha.S.K. v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.(MD) No.3428 of 2022 S.K.Latha ... Petitioner -vs1.The Director, Collegiate of Education, Chennai.

2.The Joint Director, Collegiate of Education, Chennai.

3.The Manonmaniam Sundaranar University, Represented by its Registrar, Tirunelveli.

4.The Velu Thampi Memorial Educational Trust, Represented by its Chairman, VTM College of Arts and Science, Arumanai, Kanyakumari District.

5.VTM College of Arts and Science, Represented by its Secretary, Arumanai, Kanyakumari District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the Respondents herein more particularly the 1 to 3 Respondents herein not to approve the appointment of the Principal to any other person with respect to the VTM College of Arts and Science, Arumanai, Kanyakumari District by considering the petitioner's representation dated 27.01.2022.

For Petitioner :

Mr.R.Murugan For R1 and R2 :

Mr.G.V.Vairam Santhosh, Additional Government Pleader.

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O R D E R

The relief sought for in the present writ petition is to direct respondents 1 to 3 not to approve the appointment of Principal to any other person with respect to VTM College of Arts and Science, Arumanai, Kanyakumari District by considering the representation submitted by the writ petitioner on 27.01.2022. 2.The petitioner states that she is now working as Principal of the 5th respondent college. The Management is initiating steps to appoint some other person.

3.However, the fact remains that no other person has been appointed as Principal for the 5th respondent college and the petitioner has filed the writ petition with an apprehension. 4.Mere apprehension is insufficient to entertain a writ petition in such circumstances. When the petitioner herself admits that she is holding the post of Principal and the Management is taking steps to appoint other person and further the Management is not allowing the petitioner to function peacefully, this Court is of the opinion that all such apprehensions cannot be a ground to entertain a writ petition. If at all the Management raises any issue in respect of administration by the Principal, the Principal has to approach the competent Collegiate Educational Authority for appropriate remedy. Contrarily, she cannot file a writ petition based on mere apprehension and under these circumstances, the writ petitioner has not established even a semblance of legal right for the purpose of entertaining a writ petition and also there is no cause to consider the writ petition.

5.Accordingly, this writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar (A/CS) // True Copy // / /2022 Sub Assistant Registrar(CS) abr

To 1.The Director, Collegiate of Education, Chennai.

2.The Joint Director, Collegiate of Education, Chennai.

+1 CC to M/s.SPL GP ( SR-10156[F] dated 04/03/2022 ) +1 CC to M/s.R.MURUGAN, Advocate ( SR-9988[F] dated 04/03/2022 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-10395[F] dated 07/03/2022 ) 04.03.2022 SA/22.03.2022 : 3P/6C