Dismissed

M.Sundarapandian v. the Secretary to Govt, of

Madras HC14 Oct 2024WP(MD)/21062/2018

Case brief

AI extract

What is this about?

The Madurai Bench dismissed a writ petition challenging the appointment of an Assistant Professor in the Department of Folklore. Relying on a recent Division Bench judgment in the same university that equated PhD in Tamil with PhD in Folklore, the court held the appointment was not meritless and dismissed the case.

What did the court decide?

The writ petition filed seeking declaration of illegality and appointment of the petitioner as Associate Professor is dismissed. No order as to costs.

M.Sundarapandian Vs the Secretary to Govt, of — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD)No.21062 of 2018

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 14.10.2024

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CORAM

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THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE

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W.P.(MD)No.21062 of 2018

M.Sundarapandian

: Petitioner

Vs.

1.The Secretary to Government of Tamil Nadu,

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Department of Tamil Development and Hindu Religious and Charitable Endowments,

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Fort St. George,

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Chennai – 9.

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2.Tamil University,

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Rep. by its Registrar,

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Thanjavur – 613 010.

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3.The Vice Chancellor,

Tamil University,

Thanjavur – 613 010.

4.Dr.N.Malathy

5.The Public Information Officer,

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Tamil University,

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Thanjavur. : Respondents

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[R5 is suo motu impleaded vide order dated 03.10.2018]

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.21062 of 2018

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PRAYER:

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Declaration, declaring that the action of the respondents 1 and 2 in selecting and appointing the fourth respondent as Assistant Professor in the Department of Folklore, when she is not possessing either educational or experience qualification relating to the subject of Folklore and when the candidates, including me, who are possessing the desirable educational qualification of Ph.D in Folklore are available and overlooked and when she is less meritorious than me in all respects, as illegal, arbitrary and unconstitutional and consequently direct the respondents 1 and 2 to select and appoint the petitioner as Associate Professor in the Department of Folklore with effect from 14.07.2018, the date on which the fourth respondent joined duty as Assistant Professor with all consequential benefits, award costs.

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For Petitioner : Mr.S.Arunachalam For Respondent No.1 : Mr.T.Amjad Khan Government Advocate For Respondents 2&3 : Mr.Sachin Ragul for M/s.Arul Vadivel Associates Standing Counsel For Respondents 4&5 : No appearance

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.21062 of 2018

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O R D E R

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This Writ Petition has been filed seeking for a declaration that the action of the respondents 1 and 2 in selecting and appointing the fourth respondent as Assistant Professor in the Department of Folklore is arbitrary and illegal.

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2. According to the petitioner, the fourth respondent is not possessing the requisite educational qualification relating to the subject of Folklore and therefore, she is not entitled to be appointed to the post of Assistant Professor [Folklore] in the second respondent University. The petitioner claims that since he is having the educational qualification of Ph.D., in Folklore, he alone is eligible to be appointed to the post of Assistant Professor, Department of Folklore in the second respondent University.

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3. The following are the undisputed facts:

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a) The petitioner is possessing the educational qualification of Ph.D., in Folklore and the fourth respondent is possessing the educational qualification of Ph.D., in Tamil.

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b) Both of them applied for the very same post of Assistant Professor in the Department of Folklore in the second respondent University.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.21062 of 2018

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c) The official respondents contend that the educational qualification of Ph.D., [Folklore] is equivalent to Ph.D., [Tamil], which the fourth respondent is possessing.

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4. The petitioner contends that Ph.D., [Tamil] possessed by the fourth respondent is not equivalent to Ph.D., [Folklore] and therefore, for the post of Assistant Professor in the Department of Folklore in the second respondent University, the petitioner is more suitable and eligible than that of the fourth respondent. According to the petitioner, the fourth respondent has been arbitrarily and illegally appointed as Assistant Professor in the Department of Folklore in the second respondent University.

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5. The issue raised by the petitioner in this writ petition is no longer res integra as held by the Division Bench of this Court on 27.09.2024 in W.A.(MD)Nos.877 to 879 of 2018, in the case of the very same University involving the very same subject matter. The Division Bench in the aforesaid decision has categorically held in Paragraph No.20 that Master's Degree in Tamil is equivalent to Master's Degree in Folklore, which is based on expert opinion rendered by an Expert Committee constituted by the University.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.21062 of 2018

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Since Ph.D., [Folklore] and Ph.D., [Tamil] are equivalent educational qualifications for the purpose of appointment to the post of Assistant Professor, Department of Folklore in the second respondent University as held by the Division Bench judgment stated supra, the question of entertaining this Writ Petition does not arise.

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6. Since there is no merit in this Writ Petition, the same is dismissed. There shall be no order as to costs.

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14.10.2024

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Index :Yes / No Internet : Yes / No NCC : Yes/No MR

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.21062 of 2018

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1.The Secretary to Government of Tamil Nadu, Department of Tamil Development and Hindu Religious and Charitable Endowments, Fort St. George, Chennai – 9.

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2.The Registrar, Tamil University, Thanjavur – 613 010.

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3.The Vice Chancellor, Tamil University, Thanjavur – 613 010.

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4.The Public Information Officer, Tamil University, Thanjavur.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.21062 of 2018

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ABDUL QUDDHOSE, J.

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W.P.(MD)No.21062 of 2018

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14.10.2024

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https://www.mhc.tn.gov.in/judis

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M.Sundarapandian v. the Secretary to Govt, of

Case brief

What is this about?

What did the court decide?

M.Sundarapandian v. the Secretary to Govt, of

Case brief

What is this about?

What did the court decide?

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