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Madras High Court

Association Of Non-Teaching Employees vs The Registrar (In Charge) on 20 September, 2022

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                              W.P(MD)Nos.548, 550, 552 and 10827 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 20.09.2022

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                  W.P(MD)Nos.548, 550, 552 and 10827 of 2021
                                                    and
                                  W.M.P.(MD)Nos.11373, 8468 and 11368 of 2021

                W.P.(MD)No.548 of 2021:-

                Association of Non-Teaching Employees,
                NIT Trichy (Reg. No.145/2005),
                Rep. by its Secretary,
                R.Saravanan.                                                ... Petitioner

                                                       Vs.

                1.The Registrar (In Charge),
                  National Institute of Technology
                  Tanjore Main Road,
                  NH67, Near Bhel
                  Tiruchirappalli-620 015.

                2.The Board of Governors,
                  Rep. by its Chairperson,
                  National Institute of Technology,
                  Tanjore Main Road,
                    NH67, Near Bhel
                  Tiruchirappalli-620 015.

                3.The Director,
                  National Institute of Technology
                  Tanjore Main Road,
                  NH67, Near Bhel
                  Tiruchirappalli-620 015.


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                                                                W.P(MD)Nos.548, 550, 552 and 10827 of 2021


                4.Union of India,,
                  Rep. by its Secretary to Government
                  (Department of Higher Education),
                  Ministry of Human Resources Development,
                  Shastri Bhavan, New Delhi.                                           ... Respondents



                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, calling for
                entire records relating to the impugned common recruitment notification dated
                16.12.2020         covering   Advertisement   No.NITT/R/RC/NT2020/02               dated
                16.12.2020 calling for application to fill up the post of Junior Assistant Senior
                Assistant and Stenographer Advertisement No.NITT/R/RC/NT2020/03 dated
                16.12.2020 calling for application to fill up the post of Superintendent
                Advertisement No.NITT/R/RC/NT2020/04 dated 16.12.2020                      calling for
                application to fill up the post of Technician and senior Technician and
                Advertisement No. NITT/R/RC/NT2020/05 dated 16.12.2020 calling for
                application to fill up the post of Technical Assistant, Junior Engineer, SAS
                Assistant and Library & Information Assistant issued by the first respondent
                quash the same as illegal and consequently direct the 1 st respondent herein to
                issue fresh notification in consonance with the Recruitment Rules (2019) for
                Non-Teaching Staff in NITs notified vide No.F.5-5/2018-TS.III of MHRD's
                letter dated 20.02.2019 and 04.04.2019.


                                  For Petitioner   : Mr.V.R.Shanmuganathan

                                  For Respondents : Mrs.J.Maria Roseline for R1 to R3.
                                                    Mr.R.Rajaraman,
                                                        Senior Panel Counsel for R4.


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                                                              W.P(MD)Nos.548, 550, 552 and 10827 of 2021


                W.P.(MD)No.550 of 2021:-

                S.Rajkumar                                                  ... Petitioner

                                                       Vs.

                1.The Registrar (In Charge),
                  National Institute of Technology
                  Tanjore Main Road,
                  NH67, Near Bhel
                  Tiruchirappalli-620 015.

                2.The Board of Governors,
                  Rep. by its Chairperson,
                  National Institute of Technology,
                  Tanjore Main Road,
                  NH67, Near Bhel
                  Tiruchirappalli-620 015.

                3.The Director,
                  National Institute of Technology
                  Tanjore Main Road,
                  NH67, Near Bhel
                  Tiruchirappalli-620 015.

                4.Union of India,,
                  Rep. by its Secretary to Government
                  (Department of Higher Education),
                  Ministry of Human Resources Development,
                  Shastri Bhavan, New Delhi.                                         ... Respondents



                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, calling for
                entire records relating to the impugned common recruitment notification dated
                16.12.2020        covering   Advertisement   No.NITT/R/RC/NT2020/02              dated
                16.12.2020 calling for application to fill up the post of Junior Assistant Senior

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                                                                W.P(MD)Nos.548, 550, 552 and 10827 of 2021


                Assistant and Stenographer Advertisement No.NITT/R/RC/NT2020/03 dated
                16.12.2020 calling for application to fill up the post of Superintendent
                Advertisement No.NITT/R/RC/NT2020/04 dated 16.12.2020                      calling for
                application to fill up the post of Technician and senior Technician and
                Advertisement No. NITT/R/RC/NT2020/05 dated 16.12.2020 calling for
                application to fill up the post of Technical Assistant, Junior Engineer, SAS
                Assistant and Library & Information Assistant issued by the first respondent
                quash the same as illegal and consequently direct the 1 st respondent herein to
                issue fresh notification in consonance with the Recruitment Rules (2019) for
                Non-Teaching Staff in NITs notified vide No.F.5-5/2018-TS.III of MHRD's
                letter dated 20.02.2019 and 04.04.2019.


                                  For Petitioner   : Mr.V.R.Shanmuganathan

                                  For Respondents : Mrs.J.Maria Roseline
                                                        For Mr.V.Sribalaji,
                                                        Standing Counsel for R1 to R3.
                                                    Mr.R.Rajaraman,
                                                        Senior Panel Counsel for R4.

                W.P.(MD)No.552 of 2021:-

                C.Ilango                                                      ... Petitioner

                                                         Vs.

                1.The Registrar (In Charge),
                  National Institute of Technology
                  Tanjore Main Road,
                  NH67, Near Bhel
                  Tiruchirappalli-620 015.

                2.The Board of Governors,
                  Rep. by its Chairperson,

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                                                              W.P(MD)Nos.548, 550, 552 and 10827 of 2021


                   National Institute of Technology,
                   Tanjore Main Road,
                   NH67, Near Bhel
                   Tiruchirappalli-620 015.

                3.The Director,
                  National Institute of Technology
                  Tanjore Main Road,
                  NH67, Near Bhel
                  Tiruchirappalli-620 015.

                4.Union of India,,
                  Rep. by its Secretary to Government
                  (Department of Higher Education),
                  Ministry of Human Resources Development,
                  Shastri Bhavan, New Delhi.                                 ... Respondents



                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, calling for
                entire records relating to the impugned common recruitment notification dated
                16.12.2020        covering   Advertisement   No.NITT/R/RC/NT2020/02              dated
                16.12.2020 calling for application to fill up the post of Junior Assistant Senior
                Assistant and Stenographer Advertisement No.NITT/R/RC/NT2020/03 dated
                16.12.2020 calling for application to fill up the post of Superintendent
                Advertisement No.NITT/R/RC/NT2020/04 dated 16.12.2020                    calling for
                application to fill up the post of Technician and senior Technician and
                Advertisement No. NITT/R/RC/NT2020/05 dated 16.12.2020 calling for
                application to fill up the post of Technical Assistant, Junior Engineer, SAS
                Assistant and Library & Information Assistant issued by the first respondent
                quash the same as illegal and consequently direct the 1 st respondent herein to
                issue fresh notification in consonance with the Recruitment Rules (2019) for

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                                                                W.P(MD)Nos.548, 550, 552 and 10827 of 2021


                Non-Teaching Staff in NITs notified vide No.F.5-5/2018-TS.III of MHRD's
                letter dated 20.02.2019 and 04.04.2019.


                                  For Petitioner   : Mr.V.R.Shanmuganathan

                                  For Respondents : Mrs.J.Maria Roseline for R1 to R3.
                                                    Mr.R.Rajaraman,
                                                        Senior Panel Counsel for R4.

                W.P.(MD)No.10827 of 2021:-

                1.R.Prabakaran

                2.A.S.Ashok Kumar                                             ... Petitioners

                                                         Vs.

                1.The Registrar (In Charge),
                  National Institute of Technology
                  Tanjore Main Road,
                  NH67, Near Bhel
                  Tiruchirappalli-620 015.

                2.The Board of Governors,
                  Rep. by its Charperson,
                  National Institute of Technology,
                  Tanjore Main Road,
                  NH67, Near Bhel
                  Tiruchirappalli-620 015.

                3.The Director,
                  National Institute of Technology
                  Tanjore Main Road,
                  NH67, Near Bhel
                  Tiruchirappalli-620 015.

                4.Union of India,,
                  Rep. by its Secretary to Government
                  (Department of Higher Education),
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                                                                W.P(MD)Nos.548, 550, 552 and 10827 of 2021


                   Ministry of Human Resources Development,
                   Shastri Bhavan, New Delhi.

                5.Mini Shaji Thomas,
                  The Director,
                  National Institute of Technology,
                  Tanjore Main Road, NH67, Near Bhel
                  Tiruchirappalli-620 015.                                     ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, calling for
                entire records relating to the impugned common recruitment notification dated
                16.12.2020         covering   Advertisement   No.NITT/R/RC/NT2020/02               dated
                16.12.2020 calling for application to fill up the post of Junior Assistant Senior
                Assistant and Stenographer Advertisement No.NITT/R/RC/NT2020/03 dated
                16.12.2020 calling for application to fill up the post of Superintendent
                Advertisement No.NITT/R/RC/NT2020/04 dated 16.12.2020                      calling for
                application to fill up the post of Technician and senior Technician and
                Advertisement No. NITT/R/RC/NT2020/05 dated 16.12.2020 calling for
                application to fill up the post of Technical Assistant, Junior Engineer, SAS
                Assistant and Library & Information Assistant issued by the first respondent
                quash the same as illegal and consequently direct the 1st respondent until due
                promotions to the in service candidates are given and present lockdown
                restriction imposed on account of Covid-19 pandemic situation is lifted.


                                  For Petitioners   : Mr.V.R.Shanmuganathan

                                  For Respondents : MrsJ.Maria Roseline,
                                                        For Mr.V.Sribalaji,
                                                        Standing Counsel for R1 to R3. & R5.
                                                    Mr.R.Rajaraman,
                                                        Senior Panel Counsel for R4.
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                                                               W.P(MD)Nos.548, 550, 552 and 10827 of 2021


                                               COMMON ORDER


The learned counsel for the writ petitioners seeks permission of this Court to withdraw these writ petitions and also made an endorsement to that effect.

2.Permission granted. These writ petitions are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.





                                                                      20.09.2022
                Index             : Yes / No
                Internet          : Yes/ No
                ias




https://www.mhc.tn.gov.in/judis 8/10 W.P(MD)Nos.548, 550, 552 and 10827 of 2021 https://www.mhc.tn.gov.in/judis 9/10 W.P(MD)Nos.548, 550, 552 and 10827 of 2021 G.R.SWAMINATHAN, J.

ias W.P(MD)Nos.548, 550, 552 and 10827 of 2021 20.09.2022 https://www.mhc.tn.gov.in/judis 10/10