HC expunges judge’s remarks against higher education secy

HC expunges judge’s remarks against higher education secy

Madurai: A division bench of the Madras high court on Friday expunged certain remarks made by a single judge of this court against the state higher education secretary while quashing a recruitment notification issued by the Bharathidasan University in Trichy district. The notification was issued by applying the reservation policy after taking the entire university as one unit.

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A batch of petitions were filed challenging the notification issued by the university to the direct recruitment to the posts of professor, associate and assistant professors. The notification was challenged as while applying reservation policy, the entire university was treated as one unit instead of treating each department individually.
The single judge on December 23, 2020, quashed the recruitment notification issued by the university. Taking a serious view as the higher education secretary, Apoorva, had permitted to proceed with the recruitment process though the university was taken as a single unit, the judge observed that by doing so, she has completely ignored the reservation policy of the state as well as the law settled by the Supreme Court.


The judge also observed that a member of all India service is expected to act in accordance with the law, rules and regulations and established practices. The discretion conferred upon them cannot be abused or taken as a licence to do what they like or dislike. They are expected to act with utmost professionalism of the highest degree and set a benchmark for their subordinates to follow.
The judge further observed that in the present case, the court is constrained to remark that no professional approach or proper application of mind is evidenced from the conduct of the secretary as she has not adhered to the conduct rules of all India service. Therefore, the ability and suitability of her to hold the present position in the government required serious consideration, the judge had observed.

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Challenging this order, an appeal was preferred by the vice-chancellor of the university. Hearing the appeal, a division bench of justices M M Sundresh and S Ananthi observed that the adverse remarks made against the higher education secretary were not necessary and expunged the remarks made against her. The judges, however, dismissed the appeal against the order of the single judge.

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Plea to ban Covid vaccine dismissed

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Madurai: The Madras high court on Friday dismissed as withdrawn a plea which sought to ban Covid-19 vaccination in the state without completing the third phase of clinical trial.

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The court was hearing a public interest litigation filed by G Thirumurugan, an advocate from Ramanathapuram district. The petitioner stated that the state government was planning to administer Covid-19 vaccination to six lakh health workers including doctors, nurses, lab technicians and cleanliness workers in the state. Several people who were administered with the Covid-19 vaccination have complained of side effects. Newspapers and media are also frequently reporting news on such people. Due to this, people are confused as to whether they should go forward to take the vaccination or not.
A division bench of justices M M Sundresh and S Ananthi orally observed that it was an absolutely irrelevant petition. After the counsel appearing for the petitioner apologised before the court and sought permission to withdraw the petition. tnn


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