2013 Supreme(Mad) 336
Before the Madurai Bench of Madras High Court
M. JAICHANDREN & S. NAGAMUTHU, JJ.
Dr. M. Dhavamani Christober & Another
Versus
Dr. S. David Amirtha Rajan & Others
W.A.(MD) Nos. 965, 966 & 989 of 2012
Decided on : 01-01-2013
For the Appearing Parties:V. Prakash, R. Thiyagarajan, M. Ajmalkhan, Senior Counsels, M. E.Ilango, E.V.N. Siva, Caveator, Vijay Karthikeyan, M. Mahaboob Athiff, (Bishop of Governing Council of College), S. Muthugeethayan, (Madurai Kamaraj University), V. Panneer Selvam, Advocates, M. Govindan, Spl. Govt. Pleader.
M. Jaichandren, J.
1. Since the issues involved in all the above writ appeals are similar in nature, they have been taken up together and a common Judgment is being passed.
2. The writ appeals, in W.A.(MD) No.965 of 2012, W.A.(MD) No.966 of 2012 and W.A. (MD) No.989 of 2012, have been filed before this Court challenging the common order, dated 15.10.2012, made in W.P.(MD) Nos.2556 and 9361 of 2012, on various grounds, as mentioned therein.
3. Insofar as the writ appeals, in W.A.(MD) No.965 of 2012 and W.A.(MD) No.966 of 2012, are concerned, the appellant was the eighth respondent, in W.P.(MD) No.2556 of 2012 and he was the fifth respondent, in W.P.(MD) No.9361 of 2012. Insofar as the writ appeal, in W.A.(MD) No.989 of 2012, is concerned, the first appellant in the writ appeal is the Bishop - President, the Governing Council of the American college, Madurai, and the second appellant in the said writ appeal is the Governing Council of the American college, Madurai, who were the seventh and the fifth respondents, respectively, in W.P.No.2556 of 2012.
4. The writ petition, in W.P.(MD) No.2556 of 2012, had been filed by Dr. S. David Amirtha Rajan, (hereinafter referred to as the 'Writ Petitioner') praying that this Court may be pleased to issue a writ of Certiorarified Mandamus to quash the impugned order issued by the Bishop - President, the Governing Council of the American college, Madurai, the seventh respondent therein, dated 28.10.2011, appointing Dr. M. Dhavamani Christober, the appellant in the writ appeals, in W.A.(MD) No.965 of 2012 and W.A.(MD) No.966 of 2012, (hereinafter referred to as the 'Appellant') as the Principal of the American college, Madurai (hereinafter referred to as "the college") and for a further direction, directing the Governing Council of the American College, Madurai, the fifth respondent in the writ petition, to appoint the writ petitioner, namely, Dr. S. David Amirtha Rajan, as the Principal of the said college and for further orders.
5. The writ petition, in W.P.(MD) No.9361 of 2012, had been filed praying that this Court may be pleased to issue a writ of Certiorari to quash item No.31 of the impugned minutes of the Madurai Kamaraj University, dated 2.6.2012, and the subsequent proceedings issued by the Registrar in-charge of the said University, dated 29.6.2012, granting educational qualification approval for the appointment of Dr. M. Dhavamani Christober, as the Principal of the American college, Madurai, and for other orders.
6. The learned single Judge, in his common order, dated 15.10.2012, made in W.P. (MD) Nos.2556 and 9361 of 2012, had held that it is a settled law that the Regulations framed by the University Grants Commission have an overriding effect and are binding on all the States, Colleges and Universities. The Regulations come into force on the date of the notification and are not subject to adoption by the University concerned and therefore, the Madurai Kamaraj University was not right in contending that the University Grants Commission Regulations 2000 were applicable to the facts of the present case, for want of adoption of the 2010 regulations. However, the learned single Judge had held that it is for the Madurai Kamaraj University and the other experts to consider whether the Ph.D. in Education (Inter disciplinary) with Mathematics, as one of the subjects, could be recognised as a Ph.D. in concerned/allied subject, which is the qualification prescribed, under the 2010 regulations of the University Grants Commission, for being appointed as the Principal of the college. However, it had been held that the approval granted for the appointment of Dr. M. Dhavamani Christober cannot be sustained, as it was based on the 2000 regulations, which were not in force at the relevant point of time.
7. The learned single Judge had also held that it is an admitted case that Dr. M. Dhavamani Christober was a party to the selection of the members of the search committee for holdi