P.Senrayaperumal v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH P.Senrayaperumal

...Petitioner

Vs The Registrar, Manonmaniam Sundaranar University, Abhisekapatti, Tirunelveli.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned notice issued by the respondent bearing No. MSU/R/Estt. (T)/Show Cause/2023 dated 05.05.2023 received on 10.05.2023 and quash the same.

For Petitioner : Mr.M.Gnanagurunathan For Respondents : Mr.Mahaboob Athiff Standing Counsel 1/4

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal.

2. The present impugned order is only a show cause notice calling upon the petitioner's explanation as to why he should not be removed from service since, he did not possess a valid degree and school education certificate.

3. The learned counsel appearing for the petitioner submitted that since the impugned order indicates that the Syndicate has already taken a decision to remove him, the Registrar may be influenced by the decision of the Syndicate.

4. This Court, exercising its power under Article 226 of the Constitution of India, may not be justified in interfering with the show cause notice at this stage. Nevertheless, if the petitioner is granted liberty to give his explanation and with a consequential direction to the 2/4

Registrar to consider his representation without being influenced by the decision of the Syndicate, would meet the ends of justice.

5. Accordingly, the petitioner is granted liberty to give his explanation to the respondent herein within a period of fifteen (15) days from the date of receipt of a copy of this order. On receipt of such explanation, the respondent shall consider the explanation on its own merits and without being influenced by the decision of the Syndicate and pass appropriate orders in accordance with law within a period of one week therefrom.

6. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 25.05.2023 Index:Yes/No Speaking order/Non-speaking order pkn 3/4

M.S.RAMESH,J.

pkn To The Registrar, Manonmaniam Sundaranar University, Abhisekapatti, Tirunelveli.

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