Disposed

Aslam N, III Year Mech. Eng. v. All India Council for Tech.

Madras HC21 Nov 2016WP(MD)/21663/2016

Case brief

AI extract

What is this about?

Single judge order in W.P.(MD)Nos.21663-21667 of 2016. The court, without adjudicating on merits, directed the constituted disciplinary committee to complete the enquiry into the suspension of petitioners by a specified date and to pass orders on merits after considering objections.

What did the court decide?

Direction to the respondent committee to complete the enquiry and pass suitable orders on merits by 16.12.2016.

Aslam N, III Year Mech. Eng. Vs All India Council for… — Service and Employment | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 21.11.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

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W.P.(MD)Nos.21663 to 21667 of 2016 and

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WMP(MD)No.15478 to 15492 of 2016

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Aslam N .. Petitioner in W.P.(MD)Nos.21663/2016 Firoz K Siraj .. Petitioner in W.P.(MD)Nos.21664/2016 Nayif M.I., .. Petitioner in W.P.(MD)Nos.21665/2016 Ajulal R Viswan .. Petitioner in W.P.(MD)Nos.21666/2016 Riju K James .. Petitioner in W.P.(MD)Nos.21667/2016

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-Vs-

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All India Council for Technical Education, rep. by its Secretary, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 067.

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Pro Vice Chancellor, Noorul Islam University, Kumaracoil, Thuckalay, Kanyakumari District.

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The Director, Disciplinary Committee, Noorul Islam University, Kumaracoil, Thuckalay, Kanyakumari District. .. Respondents in all the WPs

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Common Prayer :- Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari, to call for the records on the file of the 2nd respondent in connection with the impugned order of suspension passed by him in his https://hcservices.ecourts.gov.in/hcservices/ proceedings in Ref.No.NIU/PVC/039/2016 dated 30.08.2016 and quash the same as illegal and arbitrary in so far as the Petitioner is concerned.

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For Petitioners : Mr.G.Thalaimutharasu (in all the WPs)

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For Respondents : Mr.N.Dilipkumar (for R1) (in all the WPs) Mr.M.P.Senthil (for R2 and R3)

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COMMON ORDER

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These writ petitions have been filed for the issuance of a Writ of Certiorari, to call for the records on the file of the 2nd respondent in connection with the impugned order of suspension passed by him in his proceedings in Ref.No.NIU/PVC/039/2016 dated 30.08.2016 and quash the same as illegal and arbitrary in so far as the Petitioner is concerned.

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2.Challenging the order of the suspension issued by the second respondent, these writ petitions have been filed.

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3.According to the petitioners, they are studying 3rd year Engineering Course in the second respondent College and there was a clash between the third year and fourth year students, which resulted in the registering F.I.R. and now the investigation is pending against the students. In the above circumstances, by an order dated 30.08.2016, the 2nd respondent passed the impugned order suspending the petitioners and now the enquiry is also pending against them. The petitioners along with their parents appeared for enquiry for four occasions before the 2nd respondent, but the second respondent is not willing to conduct enquiry and prolonging the same. In the above circumstances, they have filed these writ petitions, challenging the order of suspension issued by the second respondent.

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The learned counsel appearing for the respondents 2 and 3 submitted that now the enquiry committee has been constituted and the committee is also enquiring the matter and they will complete the enquiry on or before 16.12.2016. The learned counsel appearing for the respondents submitted that the petitioners may be directed to cooperate with enquiry and produce materials, if any, and the third respondent will consider the same and pass suitable orders.

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5.In the above circumstances, without going into the merits of the case, the third respondent committee is directed to complete the enquiry, after issuing notice to the petitioners and considering their objections and other materials filed by the petitioners and pass suitable orders on merits on or before 16.12.2016. The petitioners are directed to cooperate with the https://hcservices.ecourts.gov.in/hcservices/ enquiry.

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6.With the above observation, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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Sd/

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Assistant Registrar(C.S-II)

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/TRUE COPY/

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Sub Assistant Registrar

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The Secretary, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 067.

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Pro Vice Chancellor, Noorul Islam University, Kumaracoil, Thuckalay, Kanyakumari District.

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The Director, Disciplinary Committee, Noorul Islam University, Kumaracoil, Thuckalay, Kanyakumari District.

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+1cc to M/s.N.Dilip Kumar, Advocate, in SR No.70805.

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+1cc to M/s.M.P.Senthil, Advocate, in SR No.71060.

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W.P.(MD)Nos.21663 to 21667 of 2016 and WMP(MD)No.15478 to 15492 of 2016 21.11.2016.

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vsa

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msm/sk/sar3/23.11.16/p3/6c

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https://hcservices.ecourts.gov.in/hcservices/

Aslam N, III Year Mech. Eng. v. All India Council for Tech.

Case brief

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Aslam N, III Year Mech. Eng. v. All India Council for Tech.

Case brief

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