Y.Saharine, Vs the Director of Collegiate — Writ and Judicial Review | Madras HC (2025)

Y.Saharine, Vs the Director of Collegiate — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the records of the 1st respondent in Mu.Mu.No.23336/F2/2017 dated 13.08.2018 should be quashed and the petitioner's proposal for approval of his appointment as Lab Assistant from 18.05.2010 in St.Jude's College be sent and approved with monetary benefits (relief sought in the prayer). +1 more

Ratio / Principle

Since the very same relief sought in this writ petition was sought in W.P.(MD).No.22794 of 2022 and has been negatived (that petition having been dismissed on 03.10.2023), this Court dismisses W.P.(MD).No.1168 of 2019; there shall be no order as to costs and the connected miscellaneous petitions are closed.

Key takeaways

The Court observes that the submission in the subsequent writ petition (W.P.(MD).No.22794 of 2022) that the present writ had been disposed of granting liberty to question the proceedings of the appointment of another person was a wrong submission.obiter¶32

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Justice K. Rajasekar: W.P.(MD).No.1168 of 2019 (Y. Saharine v. The Director of Collegiate Education and others) dismissed on 03.06.2025. The petitioner had sought, under Article 226 of the Constitution of India, a writ of Certiorarified Mandamus to quash the 1st respondent's records in Mu.Mu.No.23336/F2/2017 dated 13.08.2018 and to direct approval of his appointment as Lab Assistant from 18.05.2010 in St. Jude's College, Thuthoor, Kanyakumari District, with monetary benefits. The Court dismissed the petition solely because the petitioner had subsequently filed W.P.(MD).No.22794 of 2022 for the very same relief, which was dismissed on 03.10.2023; the Court also noted that the recording in that later order that the present writ had been disposed of granting liberty to question another person's appointment was a wrong submission. No order as to costs; connected W.M.P.(MD).Nos.10484 and 10485 of 2019 closed. R-5 (The Honourable Administrator, St. Jude's College) had been suo motu impleaded vide Court order dated 19.09.2022.

W.P.(MD).No.1168 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

W.P.(MD).No.1168 of 2019 and W.M.P.(MD).Nos.10484 and 10485 of 2019

Y.Saharine

.. Petitioner

Vs.

1.The Director of Collegiate Education, D.P.I Campus, College Road,

Chennai.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District.

3.The Principal,

St.Judes College,

Thootur, Kanyakumari District.

4.Fr.Lucians Thommas, Secretary, St.Jude's College,

Thootur, Kanyakumari District.

5.The Honourable Administrator, St.Jude's College, Thoothoor, Kanyakumari District. .. Respondents

(R-5 is suo motu impleaded vide Court order dated 19.09.2022 in W.P.(MD).No.1168 of 2019)

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W.P.(MD).No.1168 of 2019

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records of the 1^st respondent in Mu.Mu.No.23336/F2/2017, dated 13.08.2018 and quash the same and direct the 3^rd and 4^th respondents to send the petitioner's proposal for approval of his appointment as Lab Assistant from 18.05.2010 in the existing vacancy in the St.Jude's College, Thuthoor, Kanyakumari District and further direct the 1^st and 2^nd respondents to approve the same on receipt of the proposal with all monetary benefits within the time frame that may be stipulated by this Court.

For Petitioner : Mr.C.Emalias

For R-1 & R-2 : Mr.N.Satheesh Kumar Additional Government Pleader For R-5 : Mr.V.Paneer Selvam

ORDER

The learned counsel for the fifth respondent and the learned Additional Government Pleader appearing for the respondents 1 and 2 reported that the petitioner has subsequently filed another Writ Petition in W.P.(MD).No.22794 of 2022 for the very same relief and the same has been dismissed by this Court on 03.10.2023.

In the said order, it has been specifically recorded that W.P.(MD). No.1168 of 2019 (present Writ Petition) was disposed of by this Court by

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W.P.(MD).No.1168 of 2019

granting liberty to the petitioner to question the proceedings of the appointment of another person, whereas, this is a wrong submission made in the subsequent Writ Petition. However, since the very same relief has been sought for in W.P. (MD).No.22794 of 2022 and the same has been negatived, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

03.06.2025

NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Director of Collegiate Education, D.P.I Campus, College Road, Chennai.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District.

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W.P.(MD).No.1168 of 2019

K.RAJASEKAR,J.

Lm

W.P.(MD).No.1168 of 2019

03.06.2025

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