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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Abdul Quddhose, J.
Dr.V.Latha - Petitioner
Versus
The State of Tamil Nadu, Rep. by its Secretary, Department of Tamil Development and Information and ors. – Respondents
W.P.(MD)No.13109 of 2017 and W.M.P.(MD)Nos.10174 to 10176 of 2017
Decided On : 19-08-2024
Writ Petition - Promotion in University - The court dismissed the writ petition as infructuous since the petitioner was promoted after the filing and the challenged appointment had retired. The court allowed the petitioner to seek financial benefits related to her promotion, emphasizing the need for the university to consider such representations on merit and in accordance with law.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution challenging an order related to her promotion to Associate Professor and nomination as Head of the Department, claiming the appointment of the fifth respondent was illegal.
Finding of the Court:
The court noted that the fifth respondent had retired and the petitioner had been promoted after the writ petition was filed, leading to the conclusion that the matter was no longer relevant.
Issues: Whether the writ petition challenging the promotion and appointment was valid given the subsequent developments of retirement and promotion.
Ratio Decidendi: The court determined that since the petitioner had been promoted and the challenged appointment had retired, the writ petition was rendered infructuous, but allowed for a representation regarding financial benefits.
Result: The writ petition was dismissed as infructuous, with the petitioner granted liberty to represent for financial benefits related to her promotion.
ORDER :
Abdul Quddhose, J.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ref.Na.Ka.No.A2/24/2016-10 dated 06.01.2017 and subsequent notification Ref.Na.Ka.No.308/K/2017 dated 12.01.2017 on the file of third respondent as illegal and consequently for a direction to direct the third respondent to promote the petitioner in the post of Associate Professor in the Department of Sculpture at the fourth respondent University and nominate her as Head of the Department, within the time period stipulated by this Court.
When this Writ Petition was taken up for hearing, it is represented by the learned Counsel for the petitioner that the fifth respondent whose appointment has been challenged in this writ petition has retired from service and the petitioner has also been promoted subsequent to the filing of this Writ Petition and therefore, this Court after recording the said fact may dismiss this Writ Petition as infructuous.
2.Recording the fact that subsequent to the filing of this Writ Petition the fifth respondent has retired from service and the petitioner had also been promoted, this Writ Petition is dismissed as infructuous. However, the petitioner is granted liberty to give a representation to the respondent University in case the petitioner has not received any financial benefits with regard to her promotion and the respondent University shall consider the same once such a representation is received on merits and in accordance with law. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
A writ petition can be rendered moot if the relief sought is subsequently granted through administrative action.
Legal proceedings must address current and relevant issues; if an issue becomes moot, the court will dismiss the case.
The dismissal of the writ petition as withdrawn reflects the procedural aspect of legal challenges regarding employment reservations under the Constitution of India, without addressing the substantiv....
A writ petition becomes infructuous when the relief sought is no longer necessary due to subsequent developments, such as a promotion.
A writ petition under Article 226 becomes infructuous when the relief sought has already been granted, negating the need for judicial intervention.
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