Rev.Dr.Arul Arasu Israel v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Rev. Dr.Arul Arasu Israel, Associate Professor & Head of the Department of Religion, Philosophy and Sociology, The American College,

...Petitioner

Vs.

1.The Principal Secretary, Higher Education Department, St.George Fort, Chepauk, Chennai.

2.The Additional Secretary, Human Resource Department, 122-C, Shastri Bhavan, New Delhi.

3.The Secretary, University Grants Commission, 127-C, Shastri Bhavan, New Delhi.

4.The Director, The Director of Collegiate Education, Chennai.

1/7

5.The Joint Director of Collegiate Education, Madurai Region, Palam Station, 6.The Director, Department of Vigilance and Anti Corruption, 293, MKN Road, Alandhur, Chennai-600 016.

7.The Director, Central Bureau of Intelligence (CBI), CBI Head Office, OGO Complex, Lodhi Road, New Delhi-110 003.

8.The Bishop President, Diocese of Madurai & Ramnad, Church of South India, East Veli Street, Madurai-625 001.

9.The Governing Council, The American College, Rep. by its Principal & Secretary, The American College, Thallakulam, 10.The American College, Rep. by its Principal & Secretary, Thallakulam, Madurai-625 002.

2/7

11.Dr.M.Davamani Christopher, Principal and Secretary, The American College, Thallakulam, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 7 to take necessary action against the 11th respondent and to consider the petitioner's representation dated 18.12.2020. For Petitioner : No appearance For R-1, R-4 to R-6 : Mr.D.Sadiq Raja, Additional Government Pleader For R-7 : Mr.C.Muthu Saravana, Special Public Prosecutor For R-10 & R011 : Ajmal Associates For R-2, R-3, R-8 & R-9 : No appearance

ORDER

The present writ petition has been filed seeking direction to the respondents 1 to 7 to take necessary action against the 11th respondent and to 3/7

consider the petitioner's representation dated 18.12.2020 to revoke the suspension order issued by the 10th respondent college dated 16.11.2020.

2. Earlier, the writ petitioner filed a writ petition in W.P.(MD)No.15599 of 2020 before this Court, challenging the enquiry proceedings which has been initiated by the 10th respondent college as against him. However, the learned counsel appearing for the 10th respondent submitted that for non-appearance of the petitioner, the aforesaid writ petition was dismissed on merits dated 10.01.2022. Even today, there is no representation on behalf of the petitioner.

3. The learned Additional Government Pleader has circulated a letter from the Director, Directorate of Vigilance and Anti Corruption (DVAC) Department, dated 26.09.2020, having particulars to the Directorate of Collegiate Education, that is, 5th respondent herein, which would reveal that the petition of the petitioner herein dated 12.08.2020 has been received and acknowledged by the Directorate of Vigilance and Anti-Corruption. The said petition did not disclose any specific corruption as against the 10th respondent college.

4/7

5. The representation dated 18.12.2020 which is sought to be considered in this case is incorporated with a lot of allegations as against the 10th respondent college. Considering the fact that, it is the service matter of the 10th respondent college, this Court is not inclined to pass any positive mandamus.

6. Accordingly, this Writ Petition is dismissed. No costs. 03.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Principal Secretary, Higher Education Department, St.George Fort, Chepauk, Chennai.

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

3.The Joint Director of Collegiate Education, Madurai Region, Palam Station, 5/7

4.The Director, Department of Vigilance and Anti Corruption, 293, MKN Road, Alandhur, Chennai-600 016.

5.The Director, Central Bureau of Intelligence (CBI), CBI Head Office, OGO Complex, Lodhi Road, New Delhi-110 003.

6/7

L.VICTORIA GOWRI, J.

Sml 03.04.2024 7/7