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2011 Supreme(Mad) 4229

K.CHANDRU
Ordetta Mendoza – Appellant
Versus
Principal Stella Maris College – Respondent


Appearing Advocates:
For the Petitioner:S. Elambharathi for M/s. D.P. Associates, Advocates.
For the Respondent:P. Godson Swaminath for Issac Mohanlal, Advocates.

JUDGMENT :-

1. The petitioner has filed the present writ petition seeking to challenge an order dated 29.7.2011 passed by the respondent and seeks to set aside the same and consequently to direct the respondent college to grant leave on loss of pay for the period of Fellowship in case the petitioner is selected for ‘Fullbright - Nehru Senior Fellowship’ for the year 2012-2013.

2. This is the second round of litigation by the petitioner. When earlier the petitioner filed a writ petition being W.P.No.16353 of 2011, this court by an order dated 12.7.2011 had directed the respondent to make an endorsement in the petitioner's application so as to forward the same. It was stated that at that stage, it is unnecessary to withhold the application and that as and when any Fellowship was ordered, the relief if any to be granted can be gone into and this order was passed without prejudice to the right of both sides. Subsequently, the main writ petition was disposed of by an order dated 28.7.2011 and the court held in paragraphs 12 and 13 as follows:

“12. The contention of the respondent-College that to maintain the academic excellence of the College the presence of the petitioner is very much req












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