2017 Supreme(Mad) 1919
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DURAISWAMY, J.
M. Venkatramanan - Petitioner
Vs.
University of Madras, rep by the Registrar - Respondent
W.P.No.21444 of 2017 and W.M.P.No.22425 of 2017
Decided On : 13-09-2017
Advocate Appeared:
For the Petitioner: Mr. Haja Nazirudeen, Senior Counsel, Mr. P. Tholgappian
For the Respondent: Mrs. G. Thilagavathi, Senior Counsel, Mr. R. Gopinath
The main legal point established is that timely communication and lack of break in service entitle a petitioner to approval as Principal and continuation as an Ex-Officio Member in the Academic Council, Senate, and Syndicate under the Madras University Act, 1923.
Headnote:
Mandamus - Approval for Principal - Madras University Act, 1923, Section 23(a) - Ex-Officio Members (7) - Summary: The court addressed the petitioner's request for approval as Principal and continuation as an Ex-Officio Member in the Academic Council, Senate, and Syndicate under Section 23(a) of the Madras University Act, 1923. The court emphasized the provisions of Section 18 and the requirement to inform the University within seven days of assuming the position of Principal. The court found that the petitioner's timely communication and lack of break in service entitled him to approval, directing the respondent to grant the requested qualifications and approvals.
Fact of the Case:
The petitioner sought mandamus to obtain approval as Principal and continuation as an Ex-Officio Member in the Academic Council, Senate, and Syndicate under the Madras University Act, 1923. The petitioner had a history of service in various colleges and contested elections for university positions.
Finding of the Court:
The court found that the petitioner's timely communication and lack of break in service entitled him to approval as Principal and continuation as an Ex-Officio Member in the Academic Council, Senate, and Syndicate.
Issues: The main issue was whether the petitioner was entitled to approval as Principal and continuation as an Ex-Officio Member in the Academic Council, Senate, and Syndicate under the Madras University Act, 1923.
Ratio Decidendi: The court relied on the provisions of Section 18 and the requirement to inform the University within seven days of assuming the position of Principal. The court emphasized the petitioner's timely communication and lack of break in service as grounds for entitlement to approval.
Final Decision: The court directed the respondent to grant qualification approval to the petitioner as Principal and continue the petitioner as an Ex-Officio Member in the Academic Council, Senate, and Syndicate under the Madras University Act, 1923.
1. The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondent to accord qualification approval as the Principal, Shree Chandraprabhu Jain College, Minjur as well as to continue the petitioner as an Ex-Officio Member in the Academic Council under Section 23(a) - Ex-Officio Members (7) of the Madras University Act, 1923 as well as the elected Member in the Senate and Syndicate countenancing his position as the Principal, Shree Chandraprabhu Jain College, Minjur.
2. The brief case of the petitioner is as follows:
(i) According to the petitioner, he is the elected Member of the Syndicate in the Madras University. The petitioner possesses M.A., M. Phil., and Ph.D., qualifications and rendered service for more than 30 years in D.G. Vaishnav College, Chennai - 600 029 and assumed charge as its Principal. Subsequent to attaining superannuation at the age of 58 years, his services in the said Vaishnav College ceased with effect from 31.05.2017 AN and without any loss of time, the petitioner joined as Principal in Pattammal Alagesan College of Arts and Science, Athur, Chengalpet on 01.06.2017 FN. Immediately, the factum of petitioner's assumption of charge as the Principal of Pattammal Alagesan College of Arts and Science, Athur, Chengalpet was informed to the respondent on 01.06.2017 by the College and in response therefor, the respondent accorded necessary approval vide letter dated 12.06.2017 for the petitioner to continue as Ex-Officio Member in the Academic Council under Section 23(a) - Ex-Officio Members (7) of the Madras University Act, 1923 as well as to continue as a Member in the Senate and Syndicate by virtue of his holding position as the Principal of Pattammal Alagesan College of Arts and Science, Athur, Chengalpet, hence, there was no break in service. During his tenure as the Principal, D.G.Vaishnav College, Chennai, election was conducted for the purpose of Senate Members and after winning in the election from the Academic Council, again election was held for the Syndicate Members from the Senate. After getting elected from the Senate, he became a Syndicate Member of the University of Madras for a period of three years with effect from 28.03.2015.
(ii) Section 18 of the Madras University Act stipulates that for the Syndicate in addition to the Vice-Chancellor, even the elected and nominated Members of the Syndicate shall hold office for a period of three years with the right of possessing the eligibility for election or nomination. Proviso to Section 18 stipulates to inform the University to continue as a Member of Syndicate by virtue of the petitioner's continuation as Principal without interruption within seven days from the date of taking charge of appointment as Principal. In the event of information, any Member, whether elected or nominated, shall cease to run (i.e.) he shall be deemed to have vacated his office as an elected or nominated Member. In the event of information being given within seven days from the date of appointment as Principal, the respondent shall issue an order in the form of communication according approval for continuance as Principal as well as continuance as a Member in Academic Council, Senate and Syndicate.
(iii) The petitioner, after attaining superannuation on 31.05.2017 in the D.G.Vaishnav College, joined as Principal in Pattammal Alagesan College of Arts and Science, Athur, Chengalpet on 01.06.2017 without any break in service, which was also informed to the respondent on the very same day. During the tenure as the Principal of Pattammal Alagesan College of Arts and Science, the petitioner was called upon to appear before the Select Committee for an interview for appointment as the Principal in Shree Chandraprabhu Jain College, Minjur on 22.06.2017. During the Selection Committee Meeting, out of the five candidates, who were short-listed, three candidates were called for the interview and the Selection Committee resolved to appoint the petit