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1983 Supreme(SC) 20

A.P.SEN, E.S.VENKATARAMIAH, R.B.MISRA
S. Jagadeesan – Appellant
Versus
Ayya Nadar Janaki Ammal College – Respondent


Advocates:
A.V.RANGAM, Anil B.Divan, C.S.VAIDYANATHAN, J.RAMAMURTHY, M.K.RAMAMURTHY, R.VAIGAI

JUDGMENT

SEN, J:— This appeal by special leave is directed against the judgment and order of the Madras High Court quashing the resolution of the syndicate of the Madurai Kamaraj University dated July 26, 1980 and directing the reinstatement of the appellant under Section 19(1) of the Tamil Nadu Private Colleges (Regulation), Act, 1976 on the ground that the termination of his services without the prior approval of the competent authority viz. the University was illegal, void and inoperative.

2. Shri Ramamurthi learned counsel for the appellant contends that the High Court should not have entertained the writ petition filed by respondent No. 1, i.e. Ayya Nadar Janaki. Ammal College when there was an alternative remedy by way of an appeal under Section 37 of the Act, It is urged that the University had ordered reinstatement of the appellant by passing the impugned. order on the basis that the order of termination of service of the appllant fell within the ambit of. sub-s. (1) of S. 19, of the Act and being without the prior approval of the competent authority viz. the University was illegal. The High Court while setting aside the order of reinstatement passed by the University held t




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