Madras High Court
A.Kondavellai vs The Registrar on 16 November, 2022
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.6856 OF 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.6856 of 2020 and
W.M.P.(MD)No.6263 of 2020
A.Kondavellai ... Petitioner
Vs.
1. The Registrar,
Senate of Serampore College,
(Deemed University),
Mac House Complex,
No.8, William Kere Road,
Serampore – 712 201,
West Bengal.
2. The Chairperson,
Governing Council,
The Tamil Nadu Theological Seminary College,
No.32-C, Bharathidasan Road,
Arasaradi,
Madurai – 625 016.
3. The Principal,
Tamil Nadu Theological Seminary College,
No.32-C, Bharathidasan Road,
Arasaradi,
Madurai – 625 016. ... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorarified
Mandamus, calling for the records pertaining to the dismissal
order dated 31.01.2020 issued by the 3rd respondent to the
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2 W.P.(MD)NO.6856 OF 2020
petitioner and quash the same as illegal and consequently
directing the 3rd respondent to reinstate the petitioner to the
service by considering the representation made by the
petitioner dated 03.02.2020 in accordance with law within the
time stipulated by this Court.
For Petitioner : Mr.R.Saravanakumar
For Respondents: No appearance.
***
ORDER
Heard the learned counsel appearing for the writ petitioner.
2. There is no representation on the side of the respondents.
3. The petitioner challenges the impugned order passed by the third respondent whereby he has been dismissed from service.
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4. The writ petition itself is not maintainable. The petitioner was appointed as Social Action Co-ordinator by the third respondent. The third respondent is a religious institution imparting training to those who are aspiring to join clergy. By no stretch of imagination, the third respondent institution can be characterised as a State instrumentality. It is also not discharging any public function. If the third respondent institution is discharging public function, then the writ petition cannot be maintainable. The third respondent institution is not discharging public function as understood in constitutional sense. Therefore, the petitioner has to work out his rights elsewhere. Article 226 of the Constitution is not a remedy. Leaving open the rights of the writ petitioner, this writ petition stands dismissed. I make it clear that the period spent in prosecuting the writ petition will be excluded if limitation is raised against the writ petitioner. No costs. Consequently, connected miscellaneous petition is closed.
16.11.2022
Index : Yes / No
Internet : Yes/ No
PMU
https://www.mhc.tn.gov.in/judis 3/5 4 W.P.(MD)NO.6856 OF 2020 To:
1. The Registrar, Senate of Serampore College, (Deemed University), Mac House Complex, No.8, William Kere Road, Serampore – 712 201, West Bengal.
2. The Chairperson, Governing Council, The Tamil Nadu Theological Seminary College, No.32-C, Bharathidasan Road, Arasaradi, Madurai – 625 016.
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