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Dr.J.M.Asgarali Patel v. the Registrar

Madras HC27 Jun 2025WP/19968/2025

Case brief

AI extract

What is this about?

Natural justice; pre-decisional notice; no notice before order; Head of Department appointment; Professor versus Associate Professor; Section 46 Annamalai University Act; University Order No.267/2025(C) dated 01.06.2025; Registrar Annamalai University; writ of certiorari; Article 226; order set aside; remand for fresh consideration; W.A.No.1807 of 2022; due process; no costs; miscellaneous petition closed; Madras High Court 2025; C. Kumarappan J.

What did the court decide?

Writ petition disposed of: impugned order dated 01.06.2025 set aside and matter remitted to the first respondent for fresh consideration in accordance with Rules, the order in W.A.No.1807 of 2022 and due process of law; no costs; connected miscellaneous petition (W.M.P.No.22517 of 2025) closed. ¶28

Dr.J.M.Asgarali Patel Vs the Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned University Order No.267/2025(C) dated 01.06.2025, issued by the first respondent without notice to the petitioner, is illegal, violative of the principles of natural justice, and liable to be quashed by writ of certiorari. +1 more

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Court's answer

Upon recording the submission of the learned Standing Counsel appearing for the first respondent, the impugned order dated 01.06.2025 is set aside.

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Ratio / Principle

The matter is remitted back to the first respondent for fresh consideration in accordance with Rules.

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Key takeaways

The fresh consideration is to be in accordance with the order passed in W.A.No.1807 of 2022 and by following due process of law.ratio¶27
The petitioner's contention under Section 46 of the Annamalai University Act regarding eligibility for Head of Department is left to be examined by the first respondent in the fresh consideration directed.ratio¶27

Detailed headnote1 paragraphs

High Court of Judicature at Madras (C. Kumarappan, J.) — Writ of certiorari under Article 226 against University Order No.267/2025(C) dated 01.06.2025 issued by the Registrar, Annamalai University (first respondent), appointing Dr.K.Nagalakshmi (second respondent) as Head of Department. The learned Standing Counsel for the University fairly conceded that no notice was issued to the petitioner before the impugned order and expressed no objection to quashing it with a rider of remittance. Recording that submission, the Court set aside the impugned order and remitted the matter to the first respondent for fresh consideration in accordance with Rules, in accordance with the order passed in W.A.No.1807 of 2022, and by following due process of law. Writ petition disposed of; no costs; connected W.M.P.No.22517 of 2025 closed. The petitioner's plea that the appointment contravened Section 46 of the Annamalai University Act (Professor vis-a-vis Associate Professor for Head of Department) stood for fresh consideration by the University.

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W.P.No.19968 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.No.19968 of 2025 And

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W.M.P.No.22517 of 2025

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Dr.J.M.Asgarali Patel

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... Petitioner

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Vs.

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1.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District – 608 002.

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2.Dr.K.Nagalakshmi ... Respondents

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Prayer:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the impugned order issued by the first respondent in University Order No.267/2025(C) dated 01.06.2025 and quash the same as illegal and against the principles of Natural Justice.

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For Petitioner : M/s.Dakshayani Reddy Senior Counsel for M/s.S.Suneetha For Respondents : Ms.H.Mary Sowmi Rexi for R1 Standing Counsel for M/s.Isaac Chamber M/s.T.Dharani for R2

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

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W.P.No.19968 of 2025

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O R D E R

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The petitioner has filed this writ petition seeking issuance of Writ of Certiorari calling for the records of the impugned order issued by the first respondent in University Order No.267/2025(C) dated 01.06.2025 and quash the same as illegal and against the principles of natural justice.

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2.The learned Senior Counsel appearing for the petitioner would submit that the impugned order dated 01.06.2025 is against Section 46 of the Annamalai University Act. It is the further submission of the learned Senior Counsel that whenever there is no Professor post is available, then only Associate Professor may be considered for the Head of Department, whereas, the petitioner being a Professor and which was also accepted by the first respondent vide order dated 06.05.2024, they cannot appoint the second respondent as the Head of Department.

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3.At this juncture, the learned Standing Counsel appearing for the first respondent fairly submitted that before issuing the impugned order, they did not issue notice to the petitioner and expressed that they do not have any objection to quash the order dated 01.06.2025

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

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W.P.No.19968 of 2025

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with a rider that the matter may be remitted to the first respondent for fresh consideration.

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4.Recording the submission of the learned Standing Counsel appearing for the first respondent, the impugned order dated 01.06.2025 is set aside. The matter is remitted back to the first respondent for fresh consideration in accordance with Rules and also in accordance with the order passed in W.A.No.1807 of 2022 and also by following due process of law.

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5.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

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27.06.2025

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pri

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Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To

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1.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District – 608 002.

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