IN THE HIGH COURT OF MADRAS
R. SUBBIAH, C. SARAVANAN, JJ.
Dr. N. Shettu Principal Pachaiyappa's College - Appellant
Versus
R. Natarajan and Ors. - Respondents
Writ Appeal Nos. 1584, 1592, 1594, 2722, 2723 and 2724 of 2019
Decided On : 21-10-2019
Constitution of India,1950 - Article 254 - Tamil Nadu Private Colleges Regulations Act - Section 11 (4) - Rule 11 (4),Tamil Nadu. Private- Colleges (Regulation) Rules – Quash - Administrator appointment - conducted by Trust Board through its Selection Committee and College Committee are declared null and void and in violations of provisions of Tamil Nadu Private Colleges (Regulations) Rules University Grants Commission Regulations - Interim Administrator appointed by High Court Madras is directed to conduct a fresh selection for appointments/promotions to post Principal for all Colleges strictly following Statutes/Rules and University Grants Commission (UGC) Regulations process of selection is directed to be concluded as expeditiously as possible and without causing any delay - Interim Administrator directed to look into complaints made by the writ petitioners and other members in respect of corrupt activities in process of selection and file appropriate complaint before Director of Vigilance and Anti-Corruption who turn shall probe issues in relation to the corrupt activities in process selection with reference to competent Educational authorities and University and initiate all appropriate actions –Held, Court could not set aside order of single Judge on technical ground - Moreover Regulations framed University Grants Commission are not mere empty formality to be ignored and they should be complied with letter and spirit and any violation thereof would give rise inference that selection process lacks transparency - Further by virtue of quashing selection and appointment to post of Principal to constituent colleges of Trust Board with direction to conduct a fresh selection process all persons who possess requisite qualification and/or eligibility can get an opportunity participate in selection process and in such event no prejudice will be caused anyone - In this regard Court are fortified by decision Division Bench of this Court case Secretary and others reported in Law Weekly wherein was that Regulations of University Grants Commission have statutory force and Universities as well as Colleges affiliated to Universities are obliged to follow same Court are inclined to confirm order passed by single Judge - At same time Court find that there no strong or direct materials made available to conclude that there were corrupt practice and motives attributable against selection committee - At best selection only vitiated by reason of non-adherence to UGC Regulations and other procedural aspects - In such view of the matte as rightly pointed out by single Judge in Interim Administrator shall look into complaints made by the writ petitioners with respect to corrupt practice if any material is made available if so then Interim Administrator is at liberty to proceed further in accordance with law Court constitute fresh selection committee for selection and appointment of the Principal of the constituent colleges administered by Trust Board and also to complete entire selection process as soon as possible preferably within a period of three months - Interim Administrator shall issue a common notification for selection and appointment of Principals for all colleges of Trust Board – Appeal dismissed
JUDGMENT :
R. Subbiah, J.
1. These appeals are filed questioning the correctness of the common order dated 24.04.2019 passed by the learned single Judge in Writ Petition Nos. 27095, 12126, 12127, 12128, 12129, 31076 and 31083 of 2018. By the order dated 24.04.2019, the learned single Judge, while allowing the writ petitions, issued the following directions:-
"85. This being the factum of the lis on hand, this court is inclined to pass the following orders:-
1.(a) In respect of W.P. No. 27095 of 2018, the impugned proceedings of the then Member Secretary of the College Committee of the Pachiyappa's College, Chennai - 600 030, now represented by the fourth respondent in file number R.C. No. A1/682/2010 dated 20.04.2018 and the consequential proceedings in R.C. No.A1/682/2010 dated 09.06.2018 stand quashed.
1.(b) In respect of WP Nos. 12126 to 12129 of 2018, the impugned Circular of the third respondent dated 20.04.2018 in proceedings R.C. Nos. A1/682/2018, A1/683/2018, A1/684/2018 and A1/685/2018 stand quashed.
1.(c) In respect of WP Nos. 31076 and 31083 of 2018, the impugned circular of the third respondent dated 20.04.2018 in proceedings Re Nos. A1/682/2018 and A1/685/2018 stand quashed.
2. The process of selection conducted by the Pachaiyappa's Trust Board through its Selection Committee and College Committee are declared null and void and in violations of the provisions of the Tamil Nadu Private Colleges (Regulations) Rules, 1976 and the University Grants Commission Regulations.
3. The Interim Administrator appointed by the High Court of Madras is directed to conduct a fresh selection for appointments/promotions to the post of Principal for all the Colleges by strictly following the Statutes/Rules and the University Grants Commission (UGC) Regulations. The process of selection is directed to be concluded as expeditiously as possible and without causing any delay.
4. The Interim Administrator is directed to look into the complaints made by the writ petitioners and other members in respect of corrupt activities in the process of selection and file appropriate complaint before the Director of Vigilance and Anti-Corruption, who in turn, shall probe the issues in relation to the corrupt activities in the process of selection, with reference to the competent Educational authorities and the University and initiate all appropriate actions.
86. With the above directions, all the writ petitions stand allowed. However? there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed."
2. As against the common order dated 24.04.2019 passed by the learned single Judge in Writ Petition Nos. 27095, 12126, 12127, 12128, 12129, 31076 and 31083 of 2018, these writ appeals have been filed. W.A. Nos. 1584, 1592 and 1594 of 2019 were filed by Dr. N. Shettu, who was arrayed as one of the respondents in some of the writ petitions and was selected to the post of Principal, Pachaiyappas College, as against the order passed in W.P. Nos. 31076, 12126 and 27095 of 2018. Writ Appeal Nos. 2722, 2723 and 2724 of 2019 were filed as against the order passed in W.P. Nos. 12127, 12129 and 12128 of 2019 respectively. The appellants in W.A. Nos. 2722, 2723 and 2724 of 2019 were not' parties to the writ petitions, however, as their selection to the post of Principal of the Constituent Colleges of Pachaiyappa's Trust Board was held to be invalid, they have filed Writ Appeal Nos. 2722, 2723 and 2724 of 2019 after obtaining leave of this Court.
3. The factual matrix of the case, as could be unfolded on perusal of the records, is set out in brief as follows.
4. On 20.04.2018, four notifications were issued by the Pachaiyappa's Trust Board inviting applications for filling up the post of Principal among four out of six colleges administered by it and they are (i) The Pachaiyappa's College, Chennai (ii) Chellammal College for Women, Guindy, Chennai (iii) Pachiyappa's College for Men, Kancheepuram and Pachiyappa's College for Women, Kancheepuram. In r
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