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2018 Supreme(Mad) 4258

IN THE HIGH COURT OF MADRAS
S. Manikumar, Subramoniam Prasad, JJ.
A. Mahalingam - Appellant
Vs.
Chancellor, Madurai Kamaraj University - Respondent
Writ Petition No. 22253 of 2018, W.M.P. Nos. 26075 and 26076 of 2018
Decided On : 04-09-2018

Advocates Appeared:
For the Appellant :Mr. S. Thankasivan, Advocate
For the Respondent:Mr. Godwin Swaminath, Senior Counsel, Mr. Vijay Narayan, Advocate General, Mr. C. Munusamy, Spl. Government Pleader

Headnote:

Education - Madurai Kamaraj University Act 1965- Section 11- Public interest litigation- Appointment of member for the Search Committee- suitability and eligibility of persons to be selected for the panel for the post of Vice Chancellor are not compromised - whether the Central Government, in passing the appellate order acted as a tribunal and is amenable to Article 136 jurisdiction of this Court – Held, if the whole process has to be redone, it would be a futile exercise, cannot be accepted, for the reason that exercise of power under 10(2) of the Statute, is arbitrary and without reasons. When the Statute contemplates a procedure, the same has to be done in the manner therefor, and not otherwise, except for valid and justifiable reasons. At this juncture, it is also relevant to consider few decisions - It is now well settled that a judicial review would lie even if there is an error of law apparent on the face of the record. If statutory authority uses its power in a manner not provided for in the statute or passes an order without application of mind, judicial review would be maintainable. Even an error of fact for sufficient reasons may attract the principles of judicial review- petitioner has no locus standi, to prefer this writ petition and territorial jurisdiction, going through the materials on record- Writ Petition is allowed

ORDER :

S. Manikumar, J.

Petitioner, a member of the Alumni of Madurai Kamarajar University, has filed the instant public interest litigation, challenging the proceedings of the Syndicate of the 1st respondent University, dated 16.06.2018 and consequently, to direct the respondents to strictly follow the provisions of Section 11 Statute 4 of Chapter V of Madurai Kamaraj University Act 1965 and redo the exercise of appointment of member for the Search Committee, contemplated under Statute 1 of Chapter V of the Act.

2. The petitioner has contended that certain persons have filed writ petitions, challenging the appointment of Prof. P.P.Chellathurai, as Vice-Chancellor of Madurai Kamaraj University. After hearing the writ petitions, the Hon'ble First Bench of this Court, by order, dated 14.6.2018, in W.P. (MD) No.12788 of 2017 and W.P.No. 14705 of 2017, set aside the appointment of Vice Chancellor of Madurai Kamaraj University, by holding that the proceedings of the Search Committee are flawed.

3. The Hon'ble First Bench of this Court issued directions, for redoing the process of selection of Vice Chancellor for Madurai Kamaraj University. Relevant portion of the order, is extracted hereunder:

"6. Conclusion: Owing to our narrative and discussion supra, we hold and give directions as follows:

(a) The Search Committee for selecting a panel of three names for appointment as Vice-Chancellor of Madurai Kamaraj University shall be re-constituted with three new members (other than Respondent Nos. 5, 6 and 7). One shall be nominated by the Senate, another shall be nominated by the Syndicate and the third one shall be nominated by the Chancellor.

(b) New Search Committee so constituted, as aforesaid, shall embark upon the process of selecting a panel of three names for appointment as Vice-Chancellor of Madurai Kamaraj University in accordance with Madurai Kamaraj University Act, 1965 and all other applicable statutes, after due deliberations, consultations and discussions amongst themselves.

(c) On such new Search Committee being constituted, Respondent No.1/appointee shall not be precluded from applying again and if he chooses to do so, the Search Committee shall evaluate the candidature of Respondent No.1 uninfluenced by these proceedings or anything that might have been said in this order or in the course of these proceedings. Such fresh evaluation shall be with regard to both eligibility and suitability. To be noted, we have left the issue of eligibility open.

(d) The above process shall be completed within a period of three months from the date of receipt of a copy of this order and the panel of three names shall be submitted to the Chancellor within this three months period.

(a) We set aside the appointment of Respondent No.1 in W.P (MD)No.12788 of 2017 as Vice-Chancellor of Madurai Kamaraj University on the ground that the proceedings of the Search Committee are flawed without expressing any opinion on eligibility and noticing that Respondent No.1 has been dropped/deleted from the criminal case/charge sheet after further investigation. We have given directions for redoing the process of selecting Vice Chancellor for MKU again and such directions are contained under the caption 'Conclusion' supra in this judgment. With regard to Madras University Vice-Chancellor, which is also referred to in Traffic Ramasamy's PIL, as no arguments were advanced, the same does not fall for discussion here and with regard to Vice Chancellor of Madras University, the issue is treated as closed as far as these proceedings are concerned.

(b) W.P.(MD) No.12788 of 2017 filed by Lionel Antony Raj and W.P.No.14705 of 2017, filed by Traffic Dr.Ramaswamy (with regard to appointment of Vice-Chancellor of MKU alone) are allowed to the extent indicated above. No costs. Consequently, the connected miscellaneous petitions are closed."

4. The petitioner has further submit















































































































































































































































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