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Madras High CourtWP(MD)/11004/2020allowed

S.Krishnamurthy v. The State Of Tamilnadu

2020-11-19Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.11004 of 2020 and W.M.P.(MD).No.9659 of 2020 S.Krishnamurthy ... Petitioner -Vs1.The State of Tamil Nadu, represented by its Secretary, Department of Higher Education, Fort St.George, Chennai-600 009.

2.The Director of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai-600 006.

3.The Regional Joint Director of Collegiate Education, Thirunelveli Region, 18, Thiruchendur Road, Murugankurichy, Thirunelveli-627 002.

4.Manonmaniam Sundaranar University, represented by its Registrar, Abishekapatti, Thirunelveli-627 012.

5.Dakshina Mara Nadar Sangam, represented by its Secretary, No.70, Salai Theru, sindhupoonthurai, Thirunelveli Town, Thirunelveli District.

6.Thirunelveli Dakshina Mara Nadar Sangam College, represented by its Correspondent, T.Kallikulam, Thirunelveli District-627 113.

7.V.S.Ganesan Nadar 8.R.Shanmugavel Nadar ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Ceritiorarified Mandamus, to call for the records pertaining to the advertisement published in the New Indian Express daily newspaper dated 22.07.2020 for recruitment of staff for the 6th respondent and quash the same and directing the first 1/3

respondent to appoint a special officer to take over the management of the 6th respondent in terms of Section 14A of the Tamil Nadu Private Colleges (Regulations) Act, 1976.

For Petitioner : Mr.K.Surendar For Respondents : Mr.S.Angappan Government Advocate for R1 to R3 Mr.Lakshmi Narayana for R6 to R8 Mr.S.Meenakshi Sundaram Senior Counsel for Mr.M.Senguvijay for R5 No appearance for R4.

ORDER

This writ petition has been filed to call for the records pertaining to the advertisement published in the New Indian Express daily newspaper dated 22.07.2020 for recruitment of staff for the 6th respondent and quash the same and directing the first respondent to appoint a special officer to take over the management of the 6th respondent in terms of Section 14A of the Tamil Nadu Private Colleges (Regulations) Act, 1976.

2. When the matter is taken up for hearing, it has been stated by Mr.Lakshmi Narayana, learned counsel appearing for the respondents 6 to 8 that the guidelines referred in paragraph No.11 of the affidavit has not been followed and that they are not aware of the guidelines existed at the time of publishing the advertisement. Hence the relief sought for in this writ petition may be granted but however with liberty to do the said exercise afresh following the University Grants Commission Regulations and Government norms.

3. Taking note of the above said submission, the writ petition stands allowed. However, it is made clear that the said exercise has got to be done afresh by following the University Grants Commission guidelines issued on 04.06.2019, which is extracted at page No.6 of the typeset of papers. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL 2/3

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary, Government of Tamil Nadu, Department of Higher Education, Fort St.George, Chennai-600 009.

2.The Director of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai-600 006.

3.The Regional Joint Director of Collegiate Education, Thirunelveli Region, 18, Thiruchendur Road, Murugankurichy, Thirunelveli-627 002.

+1 CC to Mr.KINGSLY SOLOMON.J, Advocate SR-22492. W.P.(MD)No.11004 of 2020 23.11.2020 NS(CO) CS(01.12.2020) 3P 5C 3/3