Madras High Court
P.Dhanaseelan vs The Union Of India on 24 November, 2021
Author: Anita Sumanth
Bench: Anita Sumanth
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.11.2021
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)Nos. 6269, 10776, 13651 and 15304 of 2018
and
W.M.P. (MD) Nos. 6102, 7821, 9882 and 9883 of 2018
W.P.(MD) No.6269 of 2018
P.Dhanaseelan ... Petitioner
Vs.
1.The Union of India,
rep. By its Joint Secretary,
Ministry of Human Resource Development,
Department of Higher Education,
Shastri Bhavan
New Delhi 110 001.
2.The University Grants Commission,
rep. By its Joint Secretary,
Bahadur Shah Zafar Marg,
New Delhi 110 002
3.National Institute Technology,
Tiruchirapallyi,
rep. By its Director,
Thuvakudi,
Tiruchirapalli, 620 015 ... Respondents
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Writ Petition filed under Article 226 of the Constitution of India
seeking for a Writ of Mandamus commanding the third respondent to
consider the application of the petitioner for the post of Assistant Professor
in the Department of Architecture made in pursuance of the advertisement
No.NITT/R/F/2017/03 dated 11.10.2017 issued by the third respondent by
applying the rule of reservation, after notifying the number of vacancies
reserved for SC category in the cadre of Assistant professor by treating the
Department of Architect as a 'Unit' in the third respondent institute as
directed by second respondent in their letter No.F.1-5/2006(SCT) dated
05.03.2018.
W.P.(MD) No.10776 of 2018
P.Dhanaseelan ... Petitioner
Vs.
1.National Institute Technology,
Tiruchirapallyi,
rep. By its Registrar,
Thuvakudi,
Tiruchirapalli, 620 015
2.Mini Shaji Thomas ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking for a Writ of Certiorarified Mandamus to call for the records
culminating to the order of termination, terminating the temporary services
of the petitioner, passed by the first respondent in their office
Ref.No.NITT/Estt./Unit-I/4-11/2018-19/76, dated 27.04.2018 and to quash
the same and consequently direct the the first respondent to permit the
petitioner to continue as “temporary faculty” in the first respondent institute
in the Department of Architecture till the petitioner is replaced by the
regularly appointed teaching faculty, in the Department of Architecture of
the first respondent institute.
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W.P.(MD) No.13651 of 2018
P.Dhanaseelan ... Petitioner
Vs.
1.National Institute Technology,
Tiruchirapallyi,
rep. By its Registrar,
Thuvakudi,
Tiruchirapalli, 620 015
2.Mini Shaji Thomas ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking for a Writ of Certiorarified Mandamus to call for the records
culminating to the advertisement No.R/TF-1/2018 dated 13.06.2018, issued
by the first respondent for the appointment of 28 temporary faculties in
various Departments of the first respondent institute and to quash the same
and consequently to direct the first respondent to institute the petitioner as
Fine Arts temporary faculty in the Department of Architecture in the first
respondent institute, who was selected and appointed in pursuance of the
advertisement dated 06.05.2017 till such time he is being placed by
regularly selected candidate.
W.P.(MD) No.15304 of 2018
P.Dhanaseelan ... Petitioner
Vs.
1.National Institute Technology,
Tiruchirapallyi,
rep. By its Registrar,
Thuvakudi,
Tiruchirapalli, 620 015
2.Mini Shaji Thomas ... Respondents
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Writ Petition filed under Article 226 of the Constitution of India
seeking for a Writ of Certiorarified Mandamus to call for the records
culminating to the advertisement No.NITT/R/TF-2/2018 dated 04.07.2018,
issued by the first respondent for the appointment of 97 temporary faculties
in various Departments of the first respondent institute and to quash the
same and consequently to direct the first respondent to institute the
petitioner as Fine Arts temporary faculty in the Department of Architecture
in the first respondent institute, who was selected and appointed in
pursuance of the advertisement dated 06.05.2017 till such time he is being
placed by regularly selected candidate.
For Petitioner ... Mr. Sakthi Kumaran
For Respondents ... Mr. R. Murugappan
for Ministry of Human Resource
Development,
Mr. V. Maharajan
for the University Grant Commission
Mrs. Maria Roseline
for the National Institute Technology
COMMON ORDER
The above writ petitions are rendered infructuous in light of the challenge by this petitioner to a notification dated 11.10.2017 in W.P.(MD) No. 19024 of 2018.
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2. The learned counsel for the petitioners make an endorsement to this effect. These writ petitions are thus dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
24.11.2021 Index: Yes/No Speaking/non-speaking Internet: Yes mnr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned Page 5 of 7 https://www.mhc.tn.gov.in/judis To
1.The Joint Secretary, Ministry of Human Resource Development, Department of Higher Education, Shastri Bhavan New Delhi 110 001.
2. The Joint Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi 110 002
3. The Director, .National Institute Technology, Tiruchirapallyi, Thuvakudi, Tiruchirapalli, 620 015 Page 6 of 7 https://www.mhc.tn.gov.in/judis DR.ANITA SUMANTH, J.
mnr W.P.(MD)Nos. 6269, 10776, 13651 and 15304 of 2018 and W.M.P. (MD) Nos. 6102, 7821, 9882 and 9883 of 2018 24.11.2021 Page 7 of 7 https://www.mhc.tn.gov.in/judis