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Madras High Court

Dr.K.Ritz Kamal vs Manonmaniam Sundaranar University on 8 April, 2021

Author: P.D.Audikesavalu

Bench: P.D.Audikesavalu

                                                       W.P.(MD)Nos.7656 7659, 7661, 7662 & 7665 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 08.04.2021

                                                      CORAM

                             THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU

                               W.P.(MD)Nos.7656, 7659, 7661, 7662 & 7665 of 2021


                      W.P.(MD)No.7656 of 2021


                      Dr.K.Ritz Kamal
                      Assistant Professor of Tamil,
                      St.Jude's College,
                      Thoothoor,
                      Kanyakumari District.                                       ... Petitioner

                                                        Vs.

                      Manonmaniam Sundaranar University,
                      Rep. by its Registrar,
                      Abhishekapatti.
                      Tirunelveli.                                                ... Respondent

                      Prayer:- Writ petition filed under Article 226 of Constitution of India,
                      seeking for a Writ of Mandamus, to direct the Respondent University to
                      grant qualification approval for the Petitioner's appointment as the
                      Assistant Professor of Tamil in St.Jude's College by passing orders on
                      the proposal dated 21.09.2020 in light of the decision of this Hon'ble
                      Court in Forum of Minority Institutions and Associations Vs. State of
                      Tamil Nadu reported in 2011- 1- CTC 162.

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                                                          W.P.(MD)Nos.7656 7659, 7661, 7662 & 7665 of 2021

                      W.P.(MD)No.7659 of 2021


                      Dr.Sunil Culas
                      Assistant Professor of Chemistry,
                      St.Jude's College,
                      Thoothoor,
                      Kanyakumari District.                                          ... Petitioner

                                                          Vs.

                      Manonmaniam Sundaranar University,
                      Rep. by its Registrar,
                      Abhishekapatti.
                      Tirunelveli.                                                   ... Respondent

                      Prayer:- Writ petition filed under Article 226 of Constitution of India,
                      seeking for a Writ of Mandamus, to direct the Respondent University to
                      grant qualification approval for the Petitioner's appointment as the
                      Assistant Professor of Chemistry in St.Jude's College by passing orders
                      on the proposal dated 21.09.2020 in light of the decision of this Hon'ble
                      Court in Forum of Minority Institutions and Associations Vs. State of
                      Tamil Nadu reported in 2011- 1- CTC 162.


                      W.P.(MD)No.7661 of 2021

                      Dr.K.John Bosco
                      Assistant Professor of Mathematics,
                      St.Jude's College,
                      Thoothoor,
                      Kanyakumari District.                                          ... Petitioner

                                                          Vs.

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                                                        W.P.(MD)Nos.7656 7659, 7661, 7662 & 7665 of 2021



                      Manonmaniam Sundaranar University,
                      Rep. by its Registrar,
                      Abhishekapatti.
                      Tirunelveli.                                                 ... Respondent

                      Prayer:- Writ petition filed under Article 226 of Constitution of India,
                      seeking for a Writ of Mandamus, to direct the Respondent University to
                      grant qualification approval for the Petitioner's appointment as the
                      Assistant Professor of Mathematics in St.Jude's College by passing
                      orders on the proposal dated 21.09.2020 in light of the decision of this
                      Hon'ble Court in Forum of Minority Institutions and Associations Vs.
                      State of Tamil Nadu reported in 2011- 1- CTC 162.


                      W.P.(MD)No.7662 of 2021


                      Dr.S.Ajin Sundar
                      Assistant Professor of Physics,
                      St.Jude's College,
                      Thoothoor,
                      Kanyakumari District.                                        ... Petitioner

                                                        Vs.

                      Manonmaniam Sundaranar University,
                      Rep. by its Registrar,
                      Abhishekapatti.
                      Tirunelveli.                                                 ... Respondent

                      Prayer:- Writ petition filed under Article 226 of Constitution of India,
                      seeking for a Writ of Mandamus, to direct the Respondent University to

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                                                       W.P.(MD)Nos.7656 7659, 7661, 7662 & 7665 of 2021

                      grant qualification approval for the Petitioner's appointment as the
                      Assistant Professor of Physics in St.Jude's College by passing orders on
                      the proposal dated 21.09.2020 in light of the decision of this Hon'ble
                      Court in Forum of Minority Institutions and Associations Vs. State of
                      Tamil Nadu reported in 2011- 1- CTC 162.


                      W.P.(MD)No.7665 of 2021


                      R.Layola Raj
                      Assistant Professor of Mathematics,
                      St.Jude's College,
                      Thoothoor,
                      Kanyakumari District.                                       ... Petitioner

                                                        Vs.

                      Manonmaniam Sundaranar University,
                      Rep. by its Registrar,
                      Abhishekapatti.
                      Tirunelveli.                                                ... Respondent

                      Prayer:- Writ petition filed under Article 226 of Constitution of India,
                      seeking for a Writ of Mandamus, to direct the Respondent University to
                      grant qualification approval for the Petitioner's appointment as the
                      Assistant Professor of Mathematics in St.Jude's College by passing
                      orders on the proposal dated 21.09.2020 in light of the decision of this
                      Hon'ble Court in Forum of Minority Institutions and Associations Vs.
                      State of Tamil Nadu reported in 2011- 1- CTC 162.



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                                                         W.P.(MD)Nos.7656 7659, 7661, 7662 & 7665 of 2021

                                   In all cases
                                   For Petitioners     : Mr.E.Meyyappan
                                   For Respondent      : Mr.Mahaboob Athiff,
                                                        Standing Counsel

                                                COMMON ORDER

(through Video-Conference) Heard, Mr.E.Meyyappan, learned Counsel appearing for the Petitioners and Mr.Mahaboob Athiff, learned Standing Counsel, who takes notice for the Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2. According to the Petitioners, the proposal dated 21.09.2020 had been sent from St.Jude's College, Thoothoor, Kanyakumari District, Tamil Nadu, for granting qualification approval of the Petitioners as Assistant Professor in the respective subjects in that educational institution, which was followed by individual representations by the Petitioners, but no action thereon has been taken. In such circumstances, these Writ Petitions have been filed to direct the Respondent to pass orders on the same. Reliance is placed on the decision of the Division Bench of this Court in Forum of Minority 5/8 http://www.judis.nic.in W.P.(MD)Nos.7656 7659, 7661, 7662 & 7665 of 2021 Institutions and Associations Vs. State of Tamil Nadu reported in 2011- 1- CTC 162, laying down the procedure required to be followed in that regard.

3.Learned Standing Counsel appearing for the Respondent, on instructions, states that in view of the elections to the Senate of the University, the authorities could not proceed in the matter, but assures that appropriate decision would be taken and communicated to the persons concerned under written acknowledgement by 30.04.2021. The said submission made is placed on record.

4. Accordingly, the Respondent shall file report on the action taken in that regard before the Registrar (Judicial) of this Court by 30.04.2021 and the Writ Petitions are disposed of. No costs.

08.04.2021 Index : Yes/No Internet : Yes/No rm Note : 1.Issue order copy on 19.04.2021.

2.In the event of the Respondent not filing compliance report by the said date, the matter shall be listed before Court.

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