Dr.V.Latha, W/O.Santhanakumar, v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Dr.V.Latha ... Appellant Vs.

1.State of Tamil Nadu represented by the Secretary, Tamil Development Department, Chennai 600 009.

2.The Director, Directorate of Tamil Development, Tamil Valarchi Vallagam, Halls Road, Near National Museum, Egmore, Chennai 600 008.

3.The Tamil University, Thanjavur, Thanjavur District represented by the Registrar.

4.W.Rosy (Respondent 4 is impleaded vide Court order dated 15.03.2017 in W.M.P.(MD).No.16371 of 2016) ... Respondents 1/6

Prayer: Writ Appal is filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.(MD).No.18345 of 2016, dated 25.04.2017. For Appellant : Mr.S.Rajasekar for Mr.T.Lajapathi Roy For R1 & R2 : Mr.A.K.Manikkam Special Government Pleader For R3 : Mr.T.Sakthi Kumaran For R4 : Mr.C.Venkatesh Kumar for M/s. Ajmal Associates

J U D G M E N T

(Judgment of the Court was delivered by V.BHAVANI SUBBAROYAN, J.) This writ appeal has been filed against the order of the learned single Judge passed in W.P.(MD).No.18345 of 2016, dated 25.04.2017, wherein the petitioner has sought for issuance of a writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the third respondent dated 11.03.2015 and the consequential impugned orders passed by the third respondent in Na.Ka.No.1784/2015/Sa3, dated 07.05.2015, Na.Ka.No. 1784/2015/Sa 3, dated 03.11.2015 and No.1862/the 1/2011, dated 02.09.2016 and to quash the same as illegal, arbitrary, without jurisdiction vested with it 2/6

and in violation of principles of natural justice and further more direct the third respondent to hand over the petitioner's four Ph.D., students and six M.Phil., students to the petitioner.

2. The case of the petitioner is that she joined as Lecturer in the Tamil University, Tanjavur in the year 2007 and her service was also regularised in the year 2010. She is working as of now as Assistant Professor and Head of Department of Sculpture with effect from 01.07.2015. She was the guide for several Ph.D., students and M.Phil., students and that nine Ph.D., students and 35 M.Phil., students have completed their course with the guidance of the petitioner. Four of her students, who were doing their research and who are attached to the petitioner, gave a complaint on 25.02.2015 against the petitioner. But without any enquiry and without issuing any notice, the third respondent passed an order on 11.03.2015, banning the petitioner to continue as a guide for a period of two years. Thereafter, the said order was set aside.

Pursuant to the ban order dated 11.03.2015, the University passed an order directing the few students, who have given complaint against the petitioner to continue their research under their respective guides named by the University earlier. Hence, the petitioner has filed the writ petition challenging the order passed by the third respondent dated 11.03.

impugned orders passed by the third respondent dated 07.05.2015, 03.11.2015 and 02.09.2016 and to quash the same and consequently direct the third respondent to hand over the petitioner's four Ph.D., students and six M.Phil., students to the petitioner. The learned single Judge was of the view that the students, who have given a complaint making serious allegations against the petitioner if allowed to continue their research under the petitioner, it will be a great mischief and it will be unethical to allow the students to continue their research under the petitioner and dismissed the writ petition, directing the petitioner to give a representation and the University may after hearing those students, if they are willing, can pass appropriate orders. Challenging the same, the present writ appeal has been filed by the writ petitioner by raising various grounds.

3. Heard the learned counsel for the appellant, learned Special Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the respondents 3 and 4.

4. At this juncture, it is found that the allegation is of the year 2015 and after lapse of time, now all the students passed out and their credits have gone to their guides and the appellant has got no grievance. 4/6

5. In view of the above, the prayer sought for by the appellant has become infructuous. Accordingly, the Writ Appeal is dismissed as infructuous. No costs.

[V.B.S.,J.] & [K.K.R.K.,J.] 14.03.2024 akv To 1.The Secretary, State of Tamil Nadu, Tamil Development Department, Chennai 600 009.

2.The Director, Directorate of Tamil Development, Tamil Valarchi Vallagam, Halls Road, Near National Museum, Egmore, Chennai 600 008.

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

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V.BHAVANI SUBBAROYAN,J.

and K.K.RAMAKRISHNAN,J.

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