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2022 Supreme(Mad) 1111

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, J.
R.Prema Latha and ors. - Petitioners
Versus
The State Of Tamil Nadu Rep. by the Secretary to Government Higher Education Department and ors. – Respondents
W.P.Nos.19939 of 2014 And 36827 of 2016 and W.M.P.Nos.31625 of 2016 and 22183 of 2021
Decided On : 17-11-2022

Advocates:
Advocate Appeared:
For the Petitioner: Mr.P.Chandrasekar
For the Respondent:Mr. D. Ravi Chander, Special Government Pleader Assisted by, Mr. C. Jayaprakash, Government Advocate, Mr. M. Palanimuthu, Mr. S. Rajesh Government Advocate, Mr. K.V. Sundararajan, Mr. V. M. Nagarajan, Mr. M.A. Gouthaman, Mr. G. Sankaran, Mr. N. R. Anantharam Krishnan, Mr. M. Ravi, Mr. R. Bharanidharan Mrs. G. Thilagavathi For, Mr. R. Gopinath, Mr. M. Gnanasekar, Mr. A. Ajoy Khose, Mr. R.M.D. Nasrullah, Mr. N. Alagurnarayanan For M/s. RRN Legal, Mr. A.S. Balaji and, Mr. M. Jothikumar Mrs. Selvi George, Mr. T. Sundaravadhanan

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Recruitment under Pachaiyappa’s Trust Board - Allegations of corruption and malpractice in appointments of Assistant Professors - Administrator's report found 152 candidates tainted and illegalities in the selection process - It was determined that systemic fraud vitiated the process, rendering the entire selection void - Selection process set aside, and new recruitment directed. (Paras 67, 85, 100)

(B) Locus Standi - Petitioners, though unsuccessful candidates, held not barred from challenging the selection process due to significant illegalities affecting the entire process. (Paras 76, 79)

(C) Principle of Segregation - Where systemic fraud is established, it is impossible to segregate tainted from untainted candidates, leading to cancellation of the entire selection process. (Paras 13, 94, 100)

Facts of the case:
Petitioners claimed that their selection process for Assistant Professors by the Pachaiyappa’s Trust Board was marred by corruption, with widespread allegations of bribery and improper qualifications among the selected candidates. (Paras 4, 12, 68).

Findings of Court:
The Administrator’s report confirmed widespread illegalities, concluding that the selection process, characterized by fraud, required annulment to preserve public confidence in educational integrity. (Paras 67, 69).

Issues: Whether the petitioners had locus standi to challenge the appointment process and if the systemic fraud in selection justified the cancellation of all appointments made therein. (Paras 80, 100).

Ratio Decidendi: Systemic flaws resulting in the inability to segregate tainted from untainted candidates justified setting aside the entire selection. The integrity of educational appointments is paramount. (Paras 68, 100).

Result: The selection and appointment process declared null and void with directions for a fresh recruitment process to be conducted within three months.

Table of Content
1. importance of integrity in public appointments (Para 1 , 2 , 3 , 4)
2. factual basis for petitions against appointments (Para 5 , 6 , 7 , 8)
3. irregularities in the appointment process (Para 9 , 10 , 11 , 12)
4. locus standi of unsuccessful candidates (Para 13 , 14)
5. arguments of petitioners and respondents (Para 15 , 16 , 17 , 18 , 19)
6. administering the recruitment notifications (Para 20 , 21 , 22 , 23)
7. findings of the administrator and its implications (Para 24 , 25 , 26 , 27 , 28)
8. role of the director of collegiate education (Para 29 , 30 , 31)
9. issues with previous appointments based on evaluation (Para 32 , 33 , 34 , 35)
10. legal principles regarding the appointment process (Para 36 , 37 , 38 , 39 , 40)
11. duty of state authorities in selection integrity (Para 41 , 42 , 43 , 44 , 45)
12. assessing the consequences of selection process integrity (Para 46 , 47 , 48 , 49)
13. judicial review of procedural issues in selection (Para 50 , 51 , 52 , 53)
14. consequences of large-scale corruption and irregularities (Para 54 , 55 , 56)
15. internal discrepancies in selection committee reports (Para 57 , 58 , 59 , 60)
16. legal implications of findings and conclusions (Para 61 , 62 , 63)
17. final conclusion and action directed by the court (Para 64 , 65 , 66)

ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direction in the nature of a writ appointing a Special team to enquire into the appointments of Assistant Professors appointed by the Pachaiyappa’s Trust Board in (1) Pachaiyappa’s College, Chennai-30, (2) C.Kandaswami Naidu College for Men, Anna Nagar, Chennai-40, (3) Chellamal College for Women, Guindy, Chennai, (4) Pachaiyappa’s College for Men, Kancheepuram, (5) Pachaiyappa’s College for Women and (6) C.Kandasami Naidu College for Women, Cuddalore pursuant to the Advertisements dated 12.12.2013 and 18.02.2014 and to initiate criminal action against those found guilty.

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direction in nature of writ appointing a special team to enquire into the appointments of respondents 12 to 55 as Assistant Professors appointed by the Pachaiyappa’s Trust Board in (1) Pachaiyappa’s College, Chennai-30, (2) C.Kandaswami Naidu College for Men, Anna Nagar, Chennai-40, (3) Chellamal College for Women, Guindy, Chennai, (4) Pachaiyappa’s College for Men, Kancheepuram, (5) Pachaiyappa’s College for Women and (6) C.Kandaswami Naidu College for Women, Cuddalore pursuant to the advertisements dated 02.12.2015 and declare the selection of respondents 12 to 55 and their appointment as illegal and void.

PRELUDE :

“We the People of India” resolved equal opportunity in public employment under the Constitution. Inequality in public employment violates social justice. Corruption in the process of selection is anti developmental. Misplaced sympathy or leniency, while dealing with illegality, corrupt practices in the process of selection by the State or by the Courts amount to abating unconstitutionality. The Authority of the State or the Authority of the Courts are bound by the constitutional mandates and principles. Remaining as silent spectator on illegality and corruption is the worst form of unconstitutionality. Easy approach by the State or by the Courts undoubtedly resulted in spreading of large scale corruption in this country in the matter of public appointments. The extent of illegality, corrupt activities in the process of selection plays pivotal role in setting aside the process of selection as a whole.

2. Lakh and lakh of meritorious youth of this country are longing to secure public employment through Open Competitive Process. Their confidence in the system is demolished if the State and the Courts allow the illegality and corrupt activities in the proc

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