Dismissed

Chennai Palkalaikazhaga Asiriyar Peravai v. University of Madras

Madras HC7 Jul 2020WA/502/2020

Case brief

AI extract

What is this about?

Writ appeal challenging the vacation of interim relief in a recruitment dispute was dismissed as it interfered with the single judge's discretion. The court ordered the principal writ petition to be heard and disposed of finally on merits within two weeks.

What did the court decide?

Writ appeal consigned to records; principal writ petition directed to be heard and disposed of finally within two weeks.

Chennai Palkalaikazhaga Asiriyar Peravai Vs… — Education and Admissions | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.07.2020

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CORAM :

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The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE

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AND

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The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.A.No.502 of 2020

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and C.M.P.No.7413 of 2020

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1.Chennai Palkalaikazhaga Asiriyar Peravai (Madras University Teachers' Association MUTA) rep. by its General Secretary, Regn.No.351/2018, University of Madras, Chepauk, Chennai 600 005.

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2.Dr.T.M.Sridhar 3.Dr.B.Anandan 4.Dr.R.Sasikumar .. Appellants/Petitioners

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-vs-

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1.University of Madras,

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Rep. by its Registrar,

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Chepauk, Chennai 600 005.

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2.Govt. Of Tamil Nadu,

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Rep. by its Secretary, Higher Education Department, Fort St. George, Chennai 600 009.

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3.Member Secretary, University Grants Commission Bahadur Shah Zafar Marg New Delhi 110 002. .. Respondents/Respondents

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Appeal filed under Clause 15 of the Letters Patent against the order dated 18.03.2020 passed in W.M.P.No.4530 of 2020 in W.P.No.3820 of 2020 on the file of this Court.

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Prayer: Writ Petition under article 226 of the constitution of India praying that in these circumstances stated therein and in the respective affidavits filed their with the High court will pleased to issue appropriate writs order or directions and make particularly issue a writ in the nature of declaration, Declaring that the Notification dated 05.01.2020 issued by the 1st Respondent University inviting

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

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application for Recruitment of Teachers Assistant Professor Associate Professor and Professor in thirty departments of the 1st Respondent University and the Notification dated 13.01.2020 issued by the 1t Respondent in respect of counting of past service for direct recruitment as illegal arbitrary and contrary to law in WP.No.3820 of 2020 and;

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To grant interim injunction restraining the 1^st Respondent University from in any manner proceeding with the Notification dated 05.01.2020 issued in respect of recruitment of teachers Assistant Professor Associate professor and Professor (in WMP.No.4530/2020) pending disposal of the WP.No.3820 of 2020 respectively.

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For Appellant : Mr.Balan Haridas For Respondents : Mr.P.H.Aravind Pandian, Sr. Counsel, assisted by Mr.L.P.Shanmugasundaram Spl.G.P. JUDGMENT (Delivered by The Hon'ble Chief Justice)

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Heard Mr.Balan Haridas, learned counsel for the appellant and Mr.P.H.Aravindh Pandian, learned Senior Counsel for the respondent University.

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2.Having heard learned counsel for the parties, this writ appeal is directed only against an order vacating the interim order passed in a writ petition. Learned counsel contends that there are several vital issues that need to be addressed and third party rights may intervene if the selection is allowed to continue along with observation made by the learned Single Judge. Hence, this writ appeal should be entertained and Sri.Balan Haridas also prays for an adjournment of two weeks in order to enable him to further seek instructions.

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3.The appeal being against the order vacating the interim order does not deserve to be maintained, as this will amount to interfering with the discretion exercised by the learned Single Judge.

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4.We are satisfied that instead of adjourning the matter, it will be more appropriate that the writ petition along with other connected matters is heard and disposed of finally in order to settle the dispute on merits. It will, therefore, serve no useful purpose by keeping this appeal

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

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pending and accordingly, the writ appeal is consigned to records, with a request to the learned Single Judge having the roster to take up the writ petition giving rise to this appeal as well as other connected writ petitions for final hearing and dispose of the same preferably within a period of two weeks from the date of the prayer made by the learned counsel for the parties, after completion of pleadings. No costs. Consequently, C.M.P.No.7413 of 2020 is closed.

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Sd/-

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Assistant Registrar

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//True Copy//
Sub Assistant Registrar
sra
To
1.The Registrar,
University of Madras,
Chepauk, Chennai 600 005.
2.The Secretary to Govt. of Tamil Nadu,
Higher Education Department,
Fort St. George, Chennai 600 009.
3.The Member Secretary,
University Grants Commission
Bahadur Shah Zafar Marg
New Delhi 110 002.
W.A.No.502 of 2020
PP(CO)
CB(31/07/2020)

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

Chennai Palkalaikazhaga Asiriyar Peravai v. University of Madras

Case brief

What is this about?

What did the court decide?

Chennai Palkalaikazhaga Asiriyar Peravai v. University of Madras

Case brief

What is this about?

What did the court decide?

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