S.Asok Kumar v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.7164 & 7166 of 2023 S.Ashok Kumar ... Petitioner Vs.

1.The Chairman, Marine Products Export Development Authority (MPEDA) MPEDA House, P.B.No.4272, Panampilly Avenue, Panampilly Nagar, P.O Kochi-682 036.

2.The Secretary, Marine Products Export Development Authority (MPEDA) MPEDA House, P.B.No.4272, Panampilly Avenue, Panampilly Nagar P.O Kochi-682, 036.

3.The Deputy Director, The Marine Products Export Development Authority, Regional Division-Chennai, No.167, First Floor, Interpretation Building, TNFDC, ECOPARK, Poonamallee High Road, Chetpet, Kilpauk, Chennai-600 010.

4.The Registrar, Manonmaniam Sundaranar University, Tirunelveli.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings of the second respondent made in PERS/PAT/1/2023/PERS, dated 24.03.2023 and quash the same insofar as Serial No.3.

For Petitioner : Mr.R.Murali For Respondents : Mr.K.Govindarajan for R1 to R3 : Mr.M.Mahaboob Athiff for R4

ORDER

Heard the learned counsel on either side.

2. Vide order dated 24.03.2023, the petitioner was transferred and posted at Regional Division, Kochi. The petitioner's grievance is that he will not be able to complete Ph.D programme with the 4th respondent University. I issued notice to the respondents.

3. When the matter was taken up today, the learned counsel submitted that the matter has become infructuous by passing of Office Order Part II No. 01/2023-24, 05.04.2023. The said order reads that the petitioner will be in2/4

charge of the Regional Division, Kochi and he will be overseeing the activities of Artemia Project of RGCA at Tharuvaikulam, Tuticorin District & Uppoor in Ramanathapuram District. Therefore, the petitioner will have to be in both the places. As a result, the petitioner can very well continue the Ph.D programme for which he has enrolled with the fourth respondent. I wanted to know from the learned standing counsel if the petitioner can continue his Ph.D programme in online mode. The learned standing counsel replied in the negative. Time has come for the 4th respondent to revisit the issue. The fourth respondent can very well explore the possibility of enabling the candidates to complete the Ph.D programme in hybrid mode. When the whole world has embraced technology and when the cases are conducted through video conference mode, I fail to understand as to why a candidate cannot complete Ph.D programme through online mode. Of-course, for material purposes, there will have to be one-to-one interaction. The right of the petitioner to approach this Court in this regard is left open.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 24.04.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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