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Madras High CourtWP(MD)/18416/2019disposed of

M.Nedunchezhian v. Tamil University

2025-07-07Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2025

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).Nos.18416 & 17709 of 2019 and W.M.P(MD)No.85 of 2021 W.P.(MD)No.18416 of 2019 M.Nedunchezian ... Petitioner -vs1. Tamil University, Represented by its Convener the Registrar, Vagaiyur, Thanjavur.

2. The Syndicate, Represented by its Convener the Registrar, Tamil University, Vagaiyur, Thanjavur.

3. The Registrar, Tamil University, Vagaiyur, Thanjavur.

4. The Vice-Chancellor, Tamil University, 1/10

Vagaiyur, Thanjavur.

5. The Director, Local Fund Auditing, Kuralagam, Chennai.

6. The Secretary, Finance Department, Fort.St.George, Chennai-9.

7. The Secretary, Finance Department, Fort.St.George, Chennai-9.

8. The Chancellor, Raj Bhavan, Guindy, Chennai-600 022.

9. The Chairman, University Grants Commission, Bahadur Shah Zafar Marg., New Delhi-110 002.

10.The Director, Distance Education Bureau (DEB) Main Office, University Grants Commission (UGC), Bahadur Shah Zafar Marg, New Delhi-110 002.

11. The Chairman, National Commission for Scheduled Caste, Vth Floor, Loknayak Bhavan, Khan Market, New Delhi-110 003.

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12. The Director, National Commission for Scheduled Caste, IInd Floor, Block V, Shastri Bhavan, Chennai 600 006.

13. The Secretary, Represented by Government of India, Ministry of Human Resources Development, Shastri Bhavan, Jeevan Deep Building, Parliament Street West Block, No.1 R.K. Puram, New Delhi-110 001.

14. Deputy Superintendent of Police, Vigilance & Anti Corruption, Near Tamil University Police Station, Thanjavur-10.

15. Tamil University Teachers Peravai, Vagai Valahan, Thanjavur, Rep. by its Secretary, R.Balachandran.

... Respondents (R15 impleaded vide order dated 19.09.2019 made in W.M.P(MD) No.16736 of 2019 in W.P(MD)No.18416 of 2019 by TSSJ and RTJ) Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct all the respondents to Constitute a Committee consists of the members or representatives on behalf of 5th to 13th Respondents under the Chairmanship of a retired Justice of the High Court to verify all the records and to terminate, revert all the illegal appointments, promotions, up-gradations and direct the 14th Respondent to take appropriate action against the illegalities, administrative irregularities 3/10

and fund transfers.

For Petitioner : Mr.M.Nedunchezhian Party in Person For R3 & R4 : M/s.C.Arulvadivel Associates For R5 to R7 : Mr.P.Thilak Kumar Government Pleader For R9 & R10 : Mr.D.Kesavan For R11 & R12 : Mr.S.Jeya Singh For R13 : Mr.V.Malaiyendran Central Government Senior Panel counsel For R14 : Mr.T.Senthil Kumar Additional Public Prosecutor W.P.(MD)No.17709 of 2019 Dr.K.Murugesan ... Petitioner -vs1. Government of Tamil Nadu, Rep. by its Secretary, Department of Higher Education, Fort St.George, Chennai - 9.

2. The Secretary, Department of Tamil Development and Information and Public Relations, Government of Tamil Nadu, Fort St.George, Chennai - 9.

3. Tamil University, Rep. by its Registrar, Thanjavur - 613 010.

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4. Tamil University Teachers Peravai, Vagai Valagam, Thanjavur, Rep. by its Secretary, B.Balachandran ... Respondents (R4 impleaded vide order dated 19.09.

2019 by TSSJ and RTJ) Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to directing the respondents to the petitioner to constitute a high level committee headed by a retired Judge of this Hon'ble Court to be appointed by this Hon'ble Court, with the required Subject Experts, to inquire and submit a report with regard to the largescale, multi core scam and corruption, in making appointments to the posts of Professor, Associate Professor and Assistant Professor and to various administrative and non-teaching staff posts during the years 2017 and 2018 in the 3rd Respondent University, in violation of recruitment rules; without reference to the required qualifications; by overlooking the meritorious candidates; by forging and manipulating the records; by failing to discharge their duties in accordance with law and by committing criminal breach of trust for extraneous considerations and for personal gain and also to take appropriate civil and criminal action against all the persons who were involved in making such illegal appointments and who got appointments by such illegal means and to fill up the vacancies strictly in accordance with law and to submit periodical reports.

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For Petitioner : Mr.S.Arunachalam For R1 and R1 : Mr.P.Thilak Kumar Government Pleader For R3 : Mr.S.Sankarapandian for M/s.C.Arulvadivel Associates (Change of Vakalat for R3) For R4 : Mr.T.Dinesh

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) By this common order both the writ petitions are being disposed of.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the official respondents would submit that the criminal case has been registered by the Vigilance and AntiCorruption, Thanjavur Detachment in Crime No.10 of 2019.

2. He would submit that the investigations have been completed in all respects and 152 witnesses were examined during investigation and 113 documents were collected. It is stated that the final report is ready and sanction also has been obtained from the competent authority. Since the 6/10

final report contains more than 10,000 pages, the authorities sought for three months time to file the same before the jurisdictional court of law.

3. He would further submit that scanning process required some time and after completing the same, final report will be filed before the jurisdictional court of law.

4. In view of the said factum as stated by the learned Additional Public Prosecutor, no further deliberations is required in respect of the grounds raised in these writ petitions.

5. Accordingly, these writ petitions stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) (A.D.M.C., J.) 07.07.2025 (1/2) NCC :yes/No Index :yes/No Internet:yes/No rgm 7/10

To

1. Tamil University, Represented by its Convener the Registrar, Vagaiyur, Thanjavur.

2. The Syndicate, Represented by its Convener the Registrar, Tamil University, Vagaiyur, Thanjavur.

3. The Registrar, Tamil University, Vagaiyur, Thanjavur.

4. The Vice-Chancellor, Tamil University, Vagaiyur, Thanjavur.

5. The Director, Local Fund Auditing, Kuralagam, Chennai.

6. The Secretary, Finance Department, Fort.St.George, Chennai-9.

7. The Secretary, Finance Department, Fort.St.George, Chennai-9.

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8. The Chancellor, Raj Bhavan, Guindy, Chennai-600 022.

9. The Chairman, University Grants Commission, Bahadur Shah Zafar Marg., New Delhi-110 002.

10.The Director, Distance Education Bureau (DEB) Main Office, University Grants Commission (UGC), Bahadur Shah Zafar Marg, New Delhi-110 002.

11. The Chairman, National Commission for Scheduled Caste, Vth Floor, Loknayak Bhavan, Khan Market, New Delhi-110 003.

12. The Director, National Commission for Scheduled Caste, IInd Floor, Block V, Shastri Bhavan, Chennai 600 006.

13. The Secretary, Represented by Government of India, Ministry of Human Resources Development, Shastri Bhavan, Jeevan Deep Building, Parliament Street West Block, No.1 R.K. Puram, New Delhi-110 001.

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S.M.SUBRAMANIAM, J.

and A.D.MARIA CLETE, J.

rgm

14. Deputy Superintendent of Police, Vigilance & Anti Corruption, Near Tamil University Police Station, Thanjavur-10.

15. Tamil University Teachers Peravai, Vagai Valahan, Thanjavur, Rep. by its Secretary, R.Balachandran.

16. The Secretary, The Department of Higher Education, Fort St.George, Chennai - 9.

17. The Secretary, Department of Tamil Development and Information and Public Relations, Government of Tamil Nadu, Fort St.George, Chennai - 9.

W.P(MD).Nos.18416 & 17709 of 2019 and W.M.P(MD)Nos.85 of 2021 07.07.2025 (1/2) 10/10