Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(Mad) 1886

Madurai Bench of Madras High Court
THE HONOURABLE MR. JUSTICE ELIPE DHARMA RAO & THE HONOURABLE MR. JUSTICE P.P.S. JANARTHANA RAJA
Centre for Entrepreneurship Development (Tamil Nadu), rep.by its Founder Chairman Dr.M.Lakshmanan Madurai
Versus
Madurai Kamaraj University rep. by its Registrar Palkalai Nagar Madurai 625 024
W.P.Nos.10711 of 2005, 7733 and 8120 of 2006 AND W.A.No.394 of 2006
Decided On :Decided On : 25-06-2007

Advocates Appeared:
For the Petitioner:AR.L. Sundaresean, Senior counsel for G.R. Swaminathan, Advocate. For the Respondent:Mrs. Nalini Chidambaram Senior counsel for Chandrasekaran, Advocate.

The main legal point established in the judgment is the authority of the University to interfere with external entities like CED and take actions against individuals based on evidence of financial irregularities and misuse of official positions.

Headnote:
University Interference - Entrepreneurship Development - [Madurai Kamaraj University Act, 1990 - Section 25(1)(e), Section 26(1)(g), Section 27(1)(a)] - The court discussed the provisions of the Madurai Kamaraj University Act, 1990, particularly Section 25(1)(e) which deals with the powers and functions of the University, Section 26(1)(g) which deals with the constitution and functions of the Syndicate, and Section 27(1)(a) which deals with the powers and duties of the Vice-Chancellor. The interpretation of these provisions influenced the court's decision regarding the University's interference with the Centre for Entrepreneurship Development (CED) and the actions taken against the petitioner.
Fact of the Case:

The case involved petitions filed by the Centre for Entrepreneurship Development (CED) and Dr. R. Jayaraman against Madurai Kamaraj University. The petitions related to interference with the affairs of CED and actions taken against Dr. Jayaraman by the University.
Finding of the Court:

The court found that the University had the authority to interfere with the affairs of CED and take actions against Dr. Jayaraman based on the evidence presented, including financial irregularities and misuse of official positions by the petitioners.
Issues: The issues included the authority of the University to interfere with CED, actions taken against Dr. Jayaraman, and the allegations of financial irregularities and misuse of official positions.
Ratio Decidendi: The court's decision was based on the interpretation of the Madurai Kamaraj University Act, 1990, and the evidence of financial irregularities and misuse of official positions by the petitioners.
Final Decision: The court dismissed the petitions filed by CED and Dr. Jayaraman against the University, ruling in favor of the University's authority to interfere with CED and take actions against Dr. Jayaraman.

Judgment :-

( Elipe Dharma Rao, J.)

W.P.No.10711 of 2005 has been filed by Centre for Entrepreneurship Development (Tamil Nadu) (in short CED), represented by its Founder Chairman, Dr.M.Lakshmanan, seeking a Writ of Mandamus, forbearing Madurai Kamaraj University (hereinafter referred to as "the University") from interfering with the affairs of the CED in any form.

2. W.P.Nos.7733 and 8120 of 2006 have been filed by Dr.R.Jayaraman, who has been suspended by the University from the posts of Professor and Head of the Department of Entrepreneurship Studies, seeking Writs of Certiorari and Certiorarified Mandamus respectively to quash the order passed by the University withdrawing the permission granted to him to function as the Member Secretary and removing him from the Headship of Department of Entrepreneurship Studies and further to grant him one year sabbatical leave for research.

3. W.A.No.394 of 2006 has been filed against the order dated 20.9.2006 passed by the learned Judge, dismissing the writ petition filed by Dr.R.Jayaraman, petitioner in the present writ petitions.

4. Since the facts involved in all these writ petitions are common, the issues arises therefrom are also common and further common arguments were addressed by the learned counsel appearing for the respective parties, we heard the writ petitions and the writ appeal together and dispose of the same by this common order.

5. The facts, in brief, as culled out from the pleadings placed before us, are as follows:

Petitioner Dr.R.Jayaraman joined the services of the University in the year 1980 as Lecturer in Management Studies and promoted as Professor. In the year 1991, he was nominated as the Head of the Department of Entrepreneurship Development (DES). By virtue of his position as the Head of the DES, he was the ex-officio member of the Senate as well as the Academic Council of the University. He also served as Syndicate Member of the University during 1994 to 1997.

6. In the year 1990, the petitioner and three persons, viz. M/s.Dr.M.Lakshmanan, the then Vice Chancellor of the University, Dr.G.P.Rao, the then Head of the Department of the Management Studies and Mr.S. Rajagopal, an industrialist, started a non-charitable public trust by name "Centre for Entrepreneurship Development (Tamil Nadu)" (hereinafter referred to as "the CED") with the object of propagating the Entrepreneurship and Management education and to establish a Entrepreneur Training Institute and Scientific Research Institution and Social Forestry. The petitioner was nominated as the Honorary Member Secretary by the Board of Trustees. It is claimed by the petitioner that there was no financial commitment by the University in formation of the said Trust and the CED.

7. It appears from the materials placed on record that initially, the CED was located and functioning in the premises of the University within the university campus. The formation of the Trust and the CED was approved by the Syndicate of the University in the meeting held on 18.9.1989. The Syndicate of the University, by its resolution dated 29.6.1991, also accepted the proposal of the petitioner, who, at the relevant time, was a Professor in the Department of Management Studies of the University, to form a separate Department for Entrepreneurship Development in the University. By letter dated 22-8-1991, the University nominated the petitioner as the Head of the Department of the CED. The CED was recognised by the Government as a Training and Consultancy Agency for the Industries Department.

8. In the year 1993, the CED entered into a lease agreement with the Madurai City Municipal Corporation in respect of the premises owned by the Corporation at No.4, T.B. Road, Madurai. The office of the CED was shifted from the University Campus to the new premises called CED Training Campus wherefrom, the CED was operating from 1.1.1993. The lease agreement was renewed periodically in the years 1996 and 1999.

9. The Syndicate of the University passed

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