COMMON ORDER

These criminal original petitions are filed seeking quashment of the case in Special CC Nos.5 to 8 of 2021 on the file of the Chief Judicial Magistrate, (Special Court for Trial cases), Tirunelveli.

2.The petitioner S.Prabakar concerning in CC No.5 of 2021, in CC No.199 of 2021, in CC No.6 of 2021, Crime No.1993 of 2021 and in CC No.7 of 2021, so also in CC No.8 of 2021. So S.Prabakar is the accused in Special CC Nos.5, 6, 7 and 8 of 2021. In so far as P.K.Kalyani is concerned, she is the accused in Special CC No.5 of 2021.

3.In all the cases Crime No.7 of 2017 on the file of the respondent, different final report has been filed. The origin is the single FIR in Crime No.7 of 2017.

4.One Periadurai, S/o.Muthiah Pandian sent a complaint stating that malpractices were done in the admission of the students in Post Graduate degree courses M.A(English) and M.Phil (English) by Dr.Kalyani, who is the Head of the Department (English), Manonmaniam Sundaranar University, Tirunelveli.

5.As per the order of the Director, Vigilance &

Anti-Corruption, Chennai, enquiry was undertaken and S.Prabakar was the Head of the Department of English, now Controller of Examination, Manonmaniam Sundaranar University, Tirunelveli; Both of them entered into criminal conspiracy to do the illegal act and in pursuance of the conspiracy, by misusing the official position have issued admission in the Post Graduate degree in the University for ineligible candidates, who secured lessor mark than the eligible mark prescribed; They refused admission for eligible candidates for the Academic year 2011-2012, 2012-2013, 2013-2014 and 2014-2015. They also framed incorrect records, used the same as genuine and they have violated the instructions issued by the Government of Tamil Nadu in G.O.(1D) High Education (G1) Department, dated 31/05/2013 and G.O(1D) No.75 Higher Education Department, dated 10/05/2008, by which, communal rotation has been prescribed. They also prepared incorrect admission list in admitting ineligible candidates and refused to admit the eligible candidates. On the basis of the above said enquiry, FIR was registered for the offences under sections 120(B), 167, 465, 468, 471 IPC and section 13(2) r/w 13(1)

(d)(1 & 2) of the Prevention of Corruption Act, 1988.

6.Investigation was undertaken and after completing the formalities of investigation, final report was filed in the form of four final reports, charging both the accused persons for different kinds of offences in respect of separate occurrences.

7.Charge sheet No.1 reads that Tamil Nadu State Council for Higher Education Act, 1992 applies to all the Universities, Colleges and Institutions of Higher Education. So as per the above said Act, Government Order is published by the Higher Education Department and that should be followed by all the Universities. If any violation is noticed, then the Vice Chancellor and the Registrar will be responsible. The Department of English, M.S University, Tirunelveli issued notification for the Academic Years 2011-2012 and 2012-2013 stating that the selection of the candidates for admission to PG/M.Phil/P.G Diploma would be passed on Tamil Nadu Government Higher Education Department norms. But the Convenor of the Committee by name Dr.R.T.Sabapathy Mohan, now retired, issued a subsequent contradictory order/Circular asking the H.O.Ds of all the Departments to consider norms. That circular, negatived, superseded and violated the norms published by the University in the above said notification.

The mark prescribed is contradictory to the above said norms fixed in the notification. The Selection Committee headed by the above said S.Prabakar devised illegal means. Similarly the Selection Committee headed by S.Prabakar selected candidates for admission during 2013-2014 and 2014-2015 considering 50% entrance examination mark and 50% academic marks. They ignored their own admission guidelines. The Selection Committee must prepare a merit list in descending order of mar