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2024 Supreme(Online)(Mad) 82025

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr.Justice R.SUBRAMANIAN
The District Collector – Appellant
Versus
T.Mohammed Jalaludeen – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024 CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.A(MD)Nos.1932 and 1977 of 2023 and C.M.P.(MD)Nos.15019 &15478 of 2023, 160 & 182 of 2024 W.A.(MD)No.1932 of 2023

1.The District Collector /

Secretary and Correspondent, M.S.S.Wakf Board College, Madurai-625 020.

2.The Secretary, M.S.S.Wakf Board College, K.K.Nagar, Madurai-625 020. ... Appellants / Respondents 2 & 3 -vs-

1.T.Mohammed Jalaludeen

2.M.Mohamed Rashin 3.N.Syed Ajmal Khan 4.S.Mohamed Ali Raja

5.A.Mohamed Thanis Mohaideen

6.S.Syed Shameer Hussain

7.A.Umar Farook Ali

8.M.S.S.Vahith Ali

9.S.Syed Hasan Shazuli ... Respondents 1 to 9 / Writ Petitioners

10.The Joint Director of Collegiate Education, Madurai Region, Madurai. ... 10th Respondent / 1st Respondent PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 14.06.2023 in W.P.(MD)No.6768 of 2023.

For Appellants : Mr.P.Veera Kathiravan, Additional Advocate General, Assited by, Mr.S.R.A.Ramachandran, Additional Government Pleader For R-1 to R-9 : Mr.M.Ajmal Khan, For M/s.Ajmal Associates For R-10 : Mr.S.P.Maharajan, Special Government Pleader W.A.(MD)No.1977 of 2023

1.The District Collector /

Secretary and Correspondent, M.S.S.Wakf Board College, Madurai-625 020.

2.The Secretary, M.S.S.Wakf Board College, K.K.Nagar, Madurai-625 020. ... Appellants / Respondents 2 & 3 -vs-

1.Dr.S.Syed Ali

2.Dr.T.M.S.Maideen

3.Dr.S.Fathima Syeda

4.M.Syed Javid Naseem 5.M.Mohammed Minna

6.M.Gurusath Begam

7.Dr.A.Shafina Banu

8.Dr.R.Vimala

9.A.Sheik Abdullah

10.Dr.B.Vijay Amirtharaj

11.Dr.D.Devaki

12.Z.Meer Ismail Ali

13.Dr.K.Aameena Beevi

14.Dr.R.Mohamed Nasrudeen

15.Dr.J.Khaja Nizamudeen

16.Dr.S.Tajul Aarifeen

17.Dr.S.Shamiul Shabariya

18.Dr.A.Natherusain

19.M.Mohamed Riyazdeen

20.J.Mohamed Minna

21.Dr.M.Kavitha

22.Dr.S.Puvaneswari

23.Dr.S.Shahida Parveen

24.Dr.M.S.Sameem

25.Dr.M.M.Abdul Kader Mohideen

26.Dr.P.Rajapriya ... Respondents 1 to 26 / Writ Petitioners

27.The Joint Director of Collegiate Education, Madurai Region, Madurai. ... 27th Respondent / 1st Respondent PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 14.06.2023 in W.P.(MD)No.8260 of 2023.

For Appellants : Mr.P.Veera Kathiravan, Additional Advocate General, Assited by, Mr.S.R.A.Ramachandran, Additional Government Pleader For R-1, R-10 to R-13 : Mr.E.V.N.Siva For R-2 to R-9, R-14 to R-20, R-21 to R-26 : Mr.M.Ajmal Khan, For M/s.Ajmal Associates For R-27 : No appearance

COMMON JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The appeals are by the District Collector in his capacity as the Administrator of M.S.S.Wakf Board College, Madurai-625 020.

2. On the basis of a complaint made by one Sarthar Basha, an investigation was launched into the appointment of nearly 26 teaching staff in the said institutions by the erstwhile management. The said Sarthar Basha moved this Court by way of a writ petition, and this Court, finding total inaction on the part of the State Government, directed the investigation to be handed over to the Central Bureau of Investigation by its order dated 23.01.2019. It is stated that the appeal as well as the attempted Special Leave Petition against the said judgment have been dismissed.

3. Thereafter, the Central Bureau of Investigaion has, on the basis of the information received, registered an FIR on 07.03.2019. It is also learned that the Central Bureau of Investigation has filed a charge sheet against four persons, and the charge sheet is yet to be taken on file by the Magistrate for absence of sanction because one of the accused is a member of parliament. In the interregnum, the petitioners, namely the persons who were appointed filed a writ petition in W.P.(MD)No.8260 of 2023 seeking a Mandamus directing the 2nd respondent to treat the petitioners as having successfully completed their probation in terms of Sub Section 2(1) of Rule 11 of the Tamil Nadu Private College (Regulations) Rules, 1976, read wit

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