Madras High CourtWP(MD)/6269/2018dismissed as infructuous

P.Dhanaseelan v. The Union Of India

2021-11-24Honourable Dr Justice Anita Sumanth4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P.(MD)Nos. 6269, 10776, 13651 and 15304 of 2018 and W.M.P. (MD) Nos. 6102, 7821, 9882, 9883,12419, 12420, 13821 and 13822 of 2018 W.P.(MD) No.6269 of 2018 1.The Union of India, rep. By its Joint Secretary, Ministry of Human Resource Development, Department of Higher Education, Shastri Bhavan New Delhi 110 001.

2.The University Grants Commission, rep. By its Joint Secretary, Bahadur Shah Zafar Marg, New Delhi 110 002 3.National Institute Technology, rep. By its Director, India seeking for a Writ of Mandamus commanding the third respondent to consider the application of the petitioner for the post of Assistant Professor in the Department of Architecture made in pursuance of the advertisement No.NITT/R/F/2017/03 dated 11.10.2017 issued by the third respondent by applying the rule of reservation, after notifying the number of vacancies reserved for SC category in the cadre of Assistant professor by treating the Department of Architect as a 'Unit' in the third respondent institute as directed by second respondent in their letter No.F.15/2006(SCT) dated 05.03.2018.

W.P.(MD) No.10776 of 2018 1.National Institute Technology, rep. By its Registrar, 2.Mini Shaji Thomas India seeking for a Writ of Certiorarified Mandamus to call for the records culminating to the order of termination, terminating the temporary services of the petitioner, passed by the first respondent in their office Ref.No.NITT/Estt./Unit-I/4-11/201819/76, dated 27.04.2018 and to quash the same and consequently direct the the first respondent to permit the petitioner to continue as "temporary faculty" in the first respondent institute in the Department of Architecture till the petitioner is replaced by the regularly appointed teaching faculty, in the Department of Architecture of the first respondent institute. W.P.(MD) No.13651 of 2018 1.National Institute Technology, rep. By its Registrar, 2.

Mini Shaji Thomas India seeking for a Writ of Certiorarified Mandamus to call for the records culminating to the advertisement No.R/TF-1/2018 dated 13.06.

pursuance of the advertisement dated 06.05.2017 till such time he is being placed by regularly selected candidate. W.P.(MD) No.15304 of 2018 1.National Institute Technology, rep. By its Registrar, 2.Mini Shaji Thomas India seeking for a Writ of Certiorarified Mandamus to call for the records culminating to the advertisement No.NITT/R/TF-2/2018 dated 04.07.2018, issued by the first respondent for the appointment of 97 temporary faculties in various Departments of the first respondent institute and to quash the same and consequently to direct the first respondent to institute the petitioner as Fine Arts temporary faculty in the Department of Architecture in the first respondent institute, who was selected and appointed in pursuance of the advertisement dated 06.05.2017 till such time he is being placed by regularly selected candidate.

For Petitioner Mr. Sakthi Kumaran For Respondents R1 Mr. R. Murugappan for Ministry of Human Resource Development, R2 ... Mr. V. Maharajan for the University Grant Commission R3 ... Mrs. Maria Roseline for the National Institute Technology in all WPs COMMON ORDER The above writ petitions are rendered infructuous in light of the challenge by this petitioner to a notification dated 11.10.2017 in W.P.(MD) No. 19024 of 2018.

2. The learned counsel for the petitioners make an endorsement

to this effect. These writ petitions are thus dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr 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 Joint Secretary, Ministry of Human Resource Development, Department of Higher Education, Shastri Bhavan New Delhi 110 001.

2. The Joint Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi 110 002

3. The Director, .National Institute Technology, Tiruchirapallyi, Thuvakudi, Tiruchirapalli, 620 015.

+1cc to T.Sakthi Kumaran, Advocate Sr.No. 35925 dated 25.11.2021 W.P.(MD)Nos. 6269, 10776, 13651 and 15304 of 2018 and W.M.P. (MD) Nos. 6102, 7821, 9882, 9883,12419, 12420, 13821 and 13822 of 2018 24.11.2021 SB(10.12.2021) 4P 5C