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1993 Supreme(Mad) 642

K.A.SWARM, SOMASUNDARAM
Jawahar College Staff Association, 180-A, Block-6, Ncyveli by its Secretary and another – Appellant
Versus
University of Madras represented by its Registrar, Chepauk and others – Respondent


For the Appearing Parties:N.R.Chandran, Senior Advocate, for
M/s.Senthil Kumar and R.Aruljothi, U.N.K.Rao, Senior Advocate, for M/s.N.A.K.Sharma and K.Mahesh, T.N.Vallinayagam, Silambanan, P.Jothimani, K.M.Vijayan, Advocates.

Judgment :-

K.A.Swami, CJ.

The writ appeals are preferred against the Order dated 9. 1993 passed by the learned single Judge in W.M.P.Nos. 16279 to 16304 of 1993,16806 of 1993,17608 of 1993 and 19245 of 1993. The learned single Judge has issued the following directions:

“The next contention of Mr.U.N.R.Rao and Mrs. Nalini Chidambaram, learned Senior Counsel, is that there cannot be any stay of order of termination. It is true generally, courts do not stay any order of termination. But here is no axiomatic principle of law that courts can never grant stay of order of termination and a Court exercising jurisdiction under Art.226 of the Constitution of India cannot be shackled by any such principle. It has already been noticed that the order of termination is in gross violation of the provisions of Sec. 19(2) of the Tamil Nadu Private Colleges Regulation Act. When the writ petitioners were claiming for regularisation of their temporary services, the respondent management has issued the order of termination and thereby throwing all the 23 and odd teaching staff on the streets. Therefore, I am satisfied on the facts and circumstances of the case, that stay of the termination order should
































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