G.Venkateshan v. The Chairman,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2026 CORAM :
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN G.Venkateshan ... Petitioner Vs
1. The Chairman,, University Grants Commission, Bahadurshah Zafar Marg, New Delhi - 110002.
2. The Deputy Secretary to Governor (Universities),, Raj Bhavan,Guindy, Chennai - 600 022.
3. The Secretary to Government,, Department of Higher Education, Government of Tamilnadu, Secretariat, Chennai - 600 009.
4. The Secretary to Government, (Pd),, Secretariat, Chennai - 600 009.
5. The Chair Person,, Convener Committee Madurai Kamaraj University, Madurai.
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6. The Director,, Directorate of Vigilance and Anti-Corruption, No.293, M.K.N.Road, Alandur, Chennai - 600 016.
7. The Registrar,, Madurai Kamaraj University, Palkalai Nagar, Madurai - 625 021.
... 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 No.1 to 5 to appoint a competent Special Committee or Special Officer to conduct an impartial and time-bound enquiry on merits into the allegations of corruption in 7th respondent university, with the assistance of 6th Respondent, in accordance with law within time stipulated by this Court. For Petitioner(s): Mr.S.Mukesh for Mr.M.Prakash Raj For Respondent(s): Mr.P.Thilakkumar for R2 to R4 Government Pleader Mr.K.Gnanasekaran for R6 Government Advocate (Crl. Side) Mr.K.Ragatheeshkumar for R5 to R7 for M/s.Isaac Chambers
ORDER
(Order of the Court was made by Dr.G.JAYACHANDRAN, J.) Public Interest Litigation by one Venkateshan seeking mandamus to appoint a special committee or Special Officer to conduct an impartial and time-bound enquiry on merits into the allegations of corruption in the Madurai Kamaraj University is before us for consideration. Page No.2 of 8
2. Perusal of the record indicates that huge money as illegal gratification received from the students to facilitate them to clear their examinations including Ph.D., Thesis. When this has been brought to the notice of the Directorate of Vigilance and Anti Corruption (DVAC) by the writ petitioner through a complaint dated 07.08.2025, without applying the mind, mechanically the Superintendent of Police (Southern Range), DVAC, Chennai, had forwarded the complaint to the Registrar, Madurai Kamaraj University for verification. When a reminder was sent to the Directorate of Vigilance and Anti Corruption (DVAC) under Right to Information Act, 2005, the Information Officer attached to Directorate of Vigilance and Anti Corruption (North) had informed the writ petitioner that the complaint has been forwarded to the concerned University for verification and therefore, they are not in a position to make any enquiry/investigation in the matter.
3. The learned standing counsel for the University, on instructions, states that the copy of the complaint given by the writ petitioner and forwarded by the DVAC for verification is under consideration. But what we find is yet another communication by the Registrar (in-charge) of Madurai Kamaraj University informing the complainant through letter dated 22.01.2026 that there is no Page No.3 of 8
prima facie evidence for the allegations raised by him against Mrs.S.V.Gomathi, Superintendent, S.O.(P&D) Section, Madurai Kamaraj University. The learned counsel would submit that this reply was sent in response to the letter addressed to the Convener, Madurai Kamaraj University by the complainant.
4. From the materials placed, we find that the Superintendent of Police, Directorate of Vigilance and Anti Corruption, has miserably failed to understand the impact of G.O.Ms.No.173 dated 19.12.2018 issued by the Government in Personnel and Administrative Reforms (N) Department laying down procedure to be adopted by the Investigating Agencies while dealing with the complaints under the Prevention of Corruption Act (in short 'the Act' for brevity) as amended in 2018 and particularly, the procedure to be undertaken as per Section 17A(1) of the Act. The Superintendent of Police, DVAC, has not discharged his duty properly but acted only as a Post Office by forwarding a complaint to Madurai Kamaraj University for verification vide letter dated 28.11.2025. Till date, Madurai Kamaraj University had not furnished the information sought by the DVAC. However, it informed the complainant himself that there are no materials to proceed against his complaint. Page No.4 of 8
5. Section 17A of the Act is only in respect of any enquiry or inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties. Receiving bribe for awarding Ph.D., and other favour is neither fall within the purview of the recommendations made or decision to claim umbrage under Section 17A nor prior permission is mandated. Even otherwise the investigating agency cannot throw the responsibility on the employer without making any preliminary enquiry about the contents of the complaint. Even if the officer is of the opinion that verification about the contents of the complaint is required, he should have sought for necessary materials from the employer at the earliest and cannot wait perpetually and inform the complainant that he is helpless because his request for preliminary verification has not yet been received from the employer.
6. G.O.Ms.No.173 dated 19.12.2018 issued by the Government laying down Standard Operating Procedures (SOPs), where Section 17(A)(1) of the Act is applicable, clearly directs the investigating agency to collect source report relating to offence alleged to have been committed under the Act on receipt of complaints/allegations. The Directorate of Vigilance and Anti Corruption shall initially take up a factual verification in the first instance and shall weed out baseless, vague, frivolous and vexatious complaints. Factual Page No.5 of 8
verification means not addressing the employer alone and wait for their response. The investigating officer ought to have collected materials through other sources also. In this case, we find that the Superintendent of Police, DVAC, who has received the complaint, has not undertaken the said exercise. Further it is also pertinent to note that the proviso to Section 17A mandates that authority concerned (the University in this case) should convey its decision to permit for an enquiry/investigation/inquiry within a period of three months, which shall be extended for a further period of one month recording the reason in writing. We find, in this case, a serious lapse on duty by the DVAC as well as attempt by the University administration to probe into the serious allegations made against the staff of the University.
7. We are of the view that corruption in Universities is intolerable. It will not only infect the system and organization but also future generation. If investigating agencies like DVAC failed to express their concern or failed to discharge their duty expected on them, it is necessary to transfer the investigation to some other competent agency. In this case, we find that CBI will be the best alternate to the DVAC to probe into the complaint. Therefore, we request the Joint Director, CBI, Chennai to take up the enquiry of the complaint given by the petitioner herein on 07.08.2025 and probe the matter in Page No.6 of 8
accordance with law. The Superintendent of Police, V&AC is directed hand over all the enquiry materials to the officer nominated by the Joint Director, CBI for further action.
8. The writ petition stands disposed of with the above observations and directions. No costs.
(G.J, J.) (K.K.R.K, J.) Index : Yes / No 25.02.2026 RR To 1.The Secretary to Government,, Department of Higher Education, Government of Tamilnadu, Secretariat,Chennai - 600 009.
2. The Secretary to Government, (Pd),, Secretariat, Chennai - 600 009.
3. The Director,, Directorate of Vigilance and Anti-Corruption, No.293, M.K.N.Road, Alandur, Chennai - 600 016.
4.The Joint Director, Directorate of Vigilance and Anti-Corruption, No.293, M.K.N.Road, Alandur, Chennai - 600 016. Page No.7 of 8
DR.G.JAYACHANDRAN, J and K.K.RAMAKRISHNAN, J.
RR Order made in DATED : 25.02.2026 Page No.8 of 8