HIGH COURT OF JUDICATURE AT MADRAS (SPECIAL ORIGINAL JURISDICTION) W.P.No. OF 2023 B. JAGANNATH, No.19/11, Sriram Niwas, Vadivelpuram, West Mambalam, Chennai – 600 033. ….Party in Person/Petitioner VS 1. The Principal Secretary to the Government, Department of Higher Education, Fort St George, Secretariat, Chennai- 600009. 2. The Chairman , University Grants Commission, Bahadur Shah Zafar Marg, Ministry of Education, Government of India, New Delhi-110002. 3. The Secretary to the Education Department, Ministry of Human Resources & Development, Government of India, Shashtri Bhawan, New Delhi-110001. ….Respondents AFFIDAVIT FILED BY PETITIONER
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P.No. OF 2023
B. JAGANNATH,
No.19/11, Sriram Niwas,
Vadivelpuram, West Mambalam,
Chennai – 600 033. ….Party in Person/Petitioner
VS
1. The Principal Secretary to the Government,
Department of Higher Education,
Fort St George, Secretariat,
Chennai- 600009.
2. The Chairman ,
University Grants Commission,
Bahadur Shah Zafar Marg,
Ministry of Education,
Government of India,
New Delhi-110002.
3. The Secretary to the Education Department,
Ministry of Human Resources & Development,
Government of India,
Shashtri Bhawan, New Delhi-110001. ….Respondents
AFFIDAVIT FILED BY PETITIONER
I, B. JAGANNATH, Son of S. Badrinath, Hindu aged about 37 Years, practicing as Advocate for the past 15 Years, at the Madras High Court, bearing Enrolment number. MS.1570 of 2008, having Residential address at No.19/11, Sri Ram Niwas, Vadivelpuram, West Mambalam, Chennai – 600 033, having chambers at 239, New Additional Law Chambers, Madras High Court, Chennai – 600 104, do doth hereby and hereon solemnly affirm and sincerely state as follows:-
1. I am the Petitioner herein and as such I am well acquainted with the facts and circumstances of the present case and I am bearing the entire expenses, funds for filing this case by my own funds. I submit that I haven’t filed any other case elsewhere seeking similar relief.
2. I submit that I have no other organization backing me insofar as this present case is concerned and that I absolutely am filing this present case for public interest and I have no personal interest, vendetta, gain in any manner whatsoever by filing this present case before this Hon’ble Court and I undertake to bear the costs if any imposed by this Hon’ble Court.
3. I submit that my Aadhar Card number is 5806 1202 1329 is and PAN Card Number is BXAPB2222H. I am not filing this present case for any political gain, vendetta, media publicity nor do I have any hidden agenda and that the prayer sought for in the present case is not against the interests of our great nation Bharath Ganarajya – Republic of India.
4. I submit that I am a practicing Advocate at the Madras High Court for the past 15 years and that I am also a law abiding taxpaying bonafide Indian Citizen and I respect and obey the laws of our great nation Bharath Ganarajya – Republic of India.
5. I submit that the Madras University is a Historical Institution which was founded by Lord Elphinstone during the company days of the British English East India Company Period to impart knowledge & Educational Excellence to all subjects of the Kingdom especially to those Natives of the Realm in this particular part of Madras Presidency & is one of the most significant, iconic traditional & important & pioneering Educational Institutions in Asia on the whole.
6. I submit that it is noteworthy to mention that a public petition dated 11.11.1839 by many Senior Native Members of the Madras Presidency at the Public Meeting Agitation held outside Pachaiyappas College in Hoggs Hill in Broadway under the Leadership & Chairmanship of Gazulu Lakshmi Narslu Chetty – based upon the pressure given to the British Government by the Members of the Madras Chamber of Commerce including MS Siddloo Chetty that the British East India Company finally acceded to the requirements & requests of the Native Members Agitation Memorial submitted to the Governor in General in Calcutta at Fort William. It was based upon the pressure of the Native Leaders most notably Gazulu Lakshmi Narslu Chetty & Lord Chamiers – The Chief Secretary of the Company Governor in Council in Madras & the President of the Educational Council that the British agreed to start Madras University. This is a Historical Fact which undoubtedly cannot be disputed.
7. I submit that on January,1840 the then Advocate General- George Norton – Father of John Bruce Norton – Founding President of the Madras Bar Association & Grandfather of Eardley Norton was made the First President of the Educational Board. Furthermore, notwithstanding the aforementioned- the Petition & Memorandum submitted by Gazulu Lakshmi Narslu Chetty- The Founder & President of the Madras Native Association having numerous resolutions passed by its native members- after being read out in the House of Commons in the British Parliament by the Earl of Albermale & Earl of Ellenborough & Henry Danby Seymour- British Member of Parliament in the House of Commons & after the Intervention of the then British Prime Minister Lord Aberdeen and after much pressure the Government of India under the Leadership of Earl of Halifax & Sir Charles Underwood – accepted the Recommendation of the Secretary of State for Government of India & formulated a systematic educational policy for whole of India, with the concept of maintaining Religious Neutrality by the British Government & Zero Interference Policy by the British Government in Educational matters.
8. I submit that In 1854 after a lapse of 14 years, after Sir George Norton became the Founding President, the British Government of India formulated a systematic educational policy for India and as a sequel to this on 5th September 1857 by an Act of Legislative Council of India, the University was established. The University was organised in the model of London University. The enactment of the University Act was the First of its Kind in Asia in 1857 ushering in a New Era in Educational Excellence in the Madras Presidency. Furthermore, it is an undisputed fact Madras University is the mother of almost all the old Universities of south India.
The Beautiful Beach facing Campus were chosen by the then Advocate General Sir George Norton with the permission of Lord Elphinstone & His Royal Highness Nawab of Arcot. The University area of jurisdiction has been confined to three districts of Tamil Nadu in recent years. This is consequent to establishment of various universities in the State and demarcation of the University territories. This University has been growing from strength to strength while widening its teaching and research activities.
The Organisational structure of Madras University encompasses :
The Senate
The Syndicate
The Academic Council
The Faculties
The Finance Committee
The Boards of Studies
His Excellency the Governor of Tamil Nadu is the Chancellor of the University.
The Vice-Chancellor who is appointed for a term is the Principal Executive Officer. The Registrar of the University, who is the Secretary of the Syndicate, is the custodian of all the records and Chief Administrator of the university. Yet another function, the examinations of the University, is managed by Office of the Controller of Examinations.
The University imparts both Under Graduate and Post Graduate Education through the Affiliated Institutions which are spread over the districts of Chennai, Thiruvallur and Kancheepuram. Apart from teaching, research activities in Arts, Humanities, Science, Management and Technology shape the academic tenor of the University. A number of institutions affiliated to Madras University concentrate on research activities offering Ph.D., Programmes in their respective field of specialisation.
The University also offers teaching and research programmes in its four campuses. The University Departments of study and research are spread over four campuses organised into 18 Schools each of which offer Post Graduate Courses in respective specialisation, part time and full time Ph.D. Programmes, Diploma and Certificate Programmes. Assessing the need for educating a large number of people in the country, the University offers both Under Graduate and Post Graduate programmes through the Institute of Distance Education. The Institute is popularly called IDE of Madras University. Some of the courses offered by IDE has no parallel in this country to name a few,
B.Music
M.Music
M.A. Vaishnavism
M.A. Christian Studies
M.C.A. and M.B.A.are well designed professional training courses for aspiring graduates.
The University has been accredited by National Assessment and Accreditation Council (NAAC) with the five star rating first, and later with an A rating. The UGC has recognised the University as one of the centres for “potential for excellence” in the country.
9. I submit that the said Enactment subsequently underwent serious changes & in 1923 post World War I the British Government Enacted the 1923 Act with the objective to foster the development of academic life and corporate unity as well in the colleges as in the University by so promoting co-operation among the colleges and between the University and the colleges as to utilize to the full the teaching resources available.
10. I submit that post-independence the aforementioned Enactment was amended on various occasions & process for the Appointment of the Vice Chancellor as Provided by the Enactment in Section 11 of the Act is as follows:-
“11. (1) Every appointment of the Vice – Chancellor shall be made by the chancellor from out of a panel of three names recommended by the committee referred to in sub-section (2). Such panel shall not contain the name of any member of the said committee.
(2) For the purpose of sub-section (1), the Committee shall consist of three persons of whom one shall be nominated by the Senate, one shall be nominated by the Syndicate and one shall be nominated by the Chancellor:
Provided that the person so nominated shell not be a member of any of the authorities of the University.
(3) The Vice-Chancellor shell hold office for a period of three years and shall be eligible for re-appointment for not more than two successive terms.
(4) When any temporary vacancy occurs in the office of the Vice- Chancellor or if the vice-chancellor is, by reason of absence or for any other reasons, unable to exercise the powers and perform the duties of his office, the Syndicate shell, as soon as possible, make the requisite arrangement for exercising the powers and performing the duties of the vice -chancellor.
(5) The vice-chancellor shall be a whole time officer of the university and shall be entitled to such emoluments, allowances and privileges as may be prescribed by the statutes.
11. I submit that notwithstanding all of the aforementioned, the Respondent had passed the following Government Order – herein after called as Impugned Order – vide Government Order (D) 273 dated 13.09.2023- wherein under the heading Nomination of Search Committee Members to Recommend to the Panel of Three Persons to the Chancellor namely the Governor of State of Tamil Nadu under Section 11 – Sub Section (2) of the Madras University Act of 1923 (as Amended). The contents in the Impugned Order are as follows:-
NOMINATION OF SEARCH COMMITTEE MEMBERS TO RECOMMEND A PANEL OF THREE PERSONS TO THE CHANCELLOR FOR SELECTION OF VICE-CHANCELLOR TO UNIVERSITY OF MADRAS, CHENNAI UNDER THE MADRAS UNIVERSITY ACT, 1923
[G.O. (D) No. 273, Higher Education (H1), 13th September 2023,
ஆவணி 27, சோபகிருது, திருவள்ளுவர் ஆண்டு-2054.]
No. II(2)/HE/829(a)/2023.
It is notified that the persons specified in column (2) of the table below have been nominated by the authorities specified in the corresponding entries in column (3) thereof as members of the search committee under sub-section (2) of Section 11 of the Madras University Act, 1923 (Tamil Nadu Act 7 of 1923) to recommend a panel of three persons to the Hon’ble Governor-Chancellor for appointment as Vice-Chancellor of the University of Madras, Chennai.
1. Prof. Battu Satyanarayana,
Vice-Chancellor, Central University
of Karnataka, Kalaburagi-585 367. Chancellor’s Nominee/
Convener
2. Thiru. K. Deenabandu, I.A.S.,(Retd),
Member, State Planning Commission, Ezhilagam, Chennai-600 005.
Resi: No. 5, Rajarajan Street,
Kalakshertra Colony,
Chennai – 600 090. Syndicate Nominee/
Member
3. Dr. P. Jagadeesan,
Former Professor and Head,
Department of History,
University of Madras & Former Vice-Chancellor,
Bharathidasan University,
Senior Fellow, Indian Council of Historical Research.
Resi: 36/33, Clemens Road,
Purasawalkam, Chennai-600 007.
Senate Nominee/ Member
2. Prof. Battu Satyanarayana, Vice-Chancellor, Central University of Karnataka, Kalaburagi, will be the Convener of the above Search Committee.
3. The above committee shall recommend a panel of three names along with their Bio-data to the Hon’ble Governor Chancellor of University of Madras, Chennai as provided under sub-section (1) of Section 11 of the Madras University Act, 1923 (Tamil Nadu Act 7 of 1923).
A. KARTHIK
Principal Secretary to Government.
12. I submit that the bare perusal & plain reading of the Impugned Order would highlight the fact quite clearly that the Nominee of the University Grants Commission has been let out deliberately in contravention of the Directives of the Honourable Supreme Court’s Decision in this regard. It is quite amply clear that the judgement of the Apex Court & the Enactment including the Amendments & even the founding precepts & establishment of this great historical institution has been for the greater good of the general public at large & that the University Grants Commission- herein after called as UGC post independence has been playing a key role in granting of Direct Aid & Grants to this historical institution and the same has been the norm for several years to have Nominations from UGC for an appropriate Candidate for the purpose of appointment of Vice Chancellor of this historical Institution.
13. I submit that the Impugned Order passed by the Respondent Department namely the Higher Secondary Education Department of the Tamil Nadu Government is highly condemnable as it attempts to leave out the most important Organ of imparting educational & academic excellence in our country which is the UGC & that just because of the Political Ego Tussle between the State Government & Central Government- educational future & lives of thousands of students are at stake , thereby bringing unnecessary dis repute to the name of this glorious historical institution which was established & founded as a direct consequence & result of the Struggle of Thousands of Nativities & Solemn Petitions by Gazulu Lakshmi Narslu Chetty & Madras Native Association . This is a clear calculated attempt by the state government to use this political Ego Tussle to Usurp entire Government Control & Authority & weaponise the same for in furtherance of their Political agenda & it is most unfortunate that the State Government is using this great historical institution as a Political Cow to milk political mileage & that it is better to leave Education out of politics.
14. I submit that in a very similar issue the Honourable Apex Court this week had Ordered for suggestions from the Governor of West Bengal , Education Department of West Bengal & UGC names for candidates for selection committee to determine suitable persons including eminent personalities & professors & scientists to be appointed to various universities including Bengal University & Calcutta University & Jadavpur University & furthermore had obtained the information in a tabulation column from all stake holders- this was against an Appeal from the Calcutta High Court wherein the High Court had infact dismissed a case & upheld the Nomination of Vice Chancellors by Governor & had further recognised the importance of the UGC as a stake holder in this regard in ensuring that search committee for post of Vice Chancellor should have one nomination from UGC also in this regard & that the Calcutta University had the same enactment almost immediately similar & modelled on the Bombay University & Madras University Enactment in this regard & that same should automatically be applied to the Madras University also as it has been upheld by the Honourable Supreme Court.
15. I submit that having no other efficacious alternative remedy I am constrained to approach this Honourable Court to Challenge the Impugned Order made by the First Respondent herein namely The Principal Secretary to the Government of the Higher Education Department vide Government Order 273 of 2023 dated 13.09.2023 – following amongst other
GROUNDS
A. The Impugned Order dated 13.09.2023 made in Government Order 273 of 2023 made by the First Respondent is liable to be struck down as illegal, void & unconstitutional.
B. The Impugned Order passed by the First Respondent wholly is without jurisdiction & smacks of bonafides as the same has been done as part of an ego tussle with malicious political motives to undermine, discredit & downgrade & destroy the phenomenal Historical Educational Institution of Madras University. Hence the Impugned Order dated 13.09.2023 made in Government Order 273 of 2023 by the Educational Department of Government of Tamil Nadu is liable to be struck down & set aside as illegal, void, unconstitutional.
C. The Impugned Order has been passed by the Respondent by Zero Application of mind & is against the Test of Reasonableness & fair play & equity & is hence liable to be Struct down as illegal & unconstitutional.
D. The First Respondent failed to take into consideration that the
State Government has no authority or jurisdiction or any powers to
Unilaterally to form a Search Committee without taking into consideration the role of the UGC which the principal main body of the Central Government Education Department & the Impugned Order passed without having & leaving out the nominee of the Central Government namely UGC nominee is baseless & without jurisdiction & justification & hence is liable to be strictly struck down as illegal, void & unconstitutional .
E. The First Respondent has failed to appreciate that the State Government Education Department instead of cleaning the mess of massive corruption that is available in public domain pertaining to various aspects of Madras University administration & instead of increasing the infrastructural facilities & making affordable education accessible to everyone for all students is indulging in these kinds of egotistical tussles thus bringing down the Glory, Quality of the Mother of All Educational Institutions in our State the Madras University. It is reiterated for the sake of brevity that it is better to keep political bickering & politics out of Educational Institutions like Madras University & it is most harmful & dangerous to the Educational System in Tamil Nadu if such kind of blatant interference is being done by the State Government by leaving out the UGC – thereby superimposing their ideological agenda in Educational Institutions which would necessarily deprive, destroy the much needed support of the UGC in form of Grant in Aid for Madras University & as a result of which ultimately it is the students who would suffer because of these policies of the Political Parties interference in Educational Institutions. Hence , the Impugned Order dated 13.09.2023 made in Government Order 273 of 2023 by the First Respondent is liable to be Struck down as illegal, void & unconstitutional.
F. The Impugned Order passed by the Respondent without Jurisdiction is also against the Educational Establishment & Constitutional Precepts & Well established & settled precedent which was followed by the University & the First Respondent State Educational Department wherein it is probably for the First time except Emergencies that for the purposes of appointment of Vice Chancellor the Order of Procedures are being deviated & diverted & because of State back ideological & political interventions the Respondent herein has passed the aforementioned Government Order Mechanically with no regard for established procedures & that the said Government Order leaving out the UGC is dangerous in nature as it was most likely have a negative impact & impression upon the Historical Educational Institution of Madras University which ought to be Thwarted. Hence the Impugned Order passed by the First Respondent made in Government Order 273 of 2023 dated 13.09.2023 is liable to be struck down as illegal, void & unconstitutional.
G. The Impugned Order passed by the First Respondent without taking into consideration or even requesting the UGC & the Central Government to seek for the Nomination of Members in Committee for Approval of Vice Chancellor of Madras University is Primarily against the Statutory Mandatory Provisions of the 2018 Amendment to the UGC & that it is illegal, void & unconstitutional.
H. The Impugned Order has been passed by the Respondent Mechanically without taking into consideration the fact that the UGC Act supersedes the Madras University Act & the same was confirmed by the Honourable Apex Court over a plethora of judgements last year regarding the very same issue pertaining to appointments of Vice Chancellor & hence the Impugned Order passed by the First Respondent is Illegal, Void, Unconstitutional.
I. The Impugned Order passed by the First Respondent is contrary to various provisions of law including the UGC Regulations & the 2018 Amendment. Furthermore, the First Respondent ought to have seen & applied their reasonable prudent mind as the UGC Regulations are quite well settled & established in this regard. In this context, it is pertinent to state that as per Clause 7.3 of UGC Regulations, 2018 the UGC has prescribed the minimum qualification for the appointment to the post of Vice Chancellor & Clause 1.2 stated that Every university or institution deemed to be University, as the case may be, shall as soon as may be, but not later than within six months of the coming into force of these Regulations, take effective steps for the amendment of the statutes, ordinances or other statutory provisions governing it, so as to bring the same in accordance with these Regulations. It has been further clarified that the aforementioned shall apply to every University established or incorporated by or under a Central Act, Provincial Act or a State Act, every Institution including a Constituent or an affiliated College recognized by the Commission, in consultation with the University concerned under Clause (f) of Section 2 of the University Grants Commission Act, 1956 and every Institution deemed to be a University under Section 3 of the said Act, which is self-explanatory and mandatory to follow by all educational institutions without any “deviation. Hence the Impugned Order passed by the First Respondent is liable to be struck down as illegal, unconstitutional & void.
J. The Impugned Order passed by the First Respondent has failed to take into consideration the UGC Regulations- Minimum Qualifications for appointment,2018 vide No. F.1-2/2017 & the various subsequent Apex Court judgement in this regard wherein in a similar situation pertaining to Calcutta University the Honourable Apex Court had categorically stated that the Search Committee pertaining to Vice Chancellor – the UGC shall deemed to have its Nomination of one of its members in the Search Committee. Hence the Impugned Order passed by the First Respondent is liable to be struck down as Illegal, Void & Unconstitutional & without Jurisdiction & justification.
K. The First Respondent failed to appreciate the seriousness of the issue & settled legal principles while passing the Impugned Order as the has been passed against the Orders of Honourable Apex Court wherein in the famous Landmark case the Honourable Supreme Court in (2022 SCC 1555) as reported in Prof Narendra Singh case the Honourable Apex Court has held that Appointment of VC by Selection Committee constituted contrary to UGC Regulations is void & the same is squarely applicable to the present case, as contradicting & contrary to the Honourable Apex Court judgement the Impugned Order has been passed without the Nomination of eminent person by the UGC. Hence, the Impugned Order is liable to be Struck down as illegal, unconstitutional & void & without jurisdiction & jurisdiction.
L. The Impugned Order passed by the First Respondent is squarely against another Landmark ruling of the Honourable Apex Court in Sreejith Kerala case delivered last year. It is pertinent to mention & highlight that the Honourable Apex Court in 2022 SCC On 1473 PS Sreejith vs Rajshree had categorically held that Any appointment of VC in contravention of UGC Regulations is void. “Submission on behalf of the State that unless the UGC Regulations are specifically adopted by the State, the UGC Regulations shall not be applicable and the State legislation shall prevail unless UGC Regulations are specifically adopted by the State cannot be accepted”. (As extracted from Para 24-25 of the aforementioned Cited Judgement) Furthermore, the First Respondent has maliciously & deliberately & cunningly excluded the Nomination of the Member of the UGC in the search panel as it is quite clear beyond all reasonable doubt that the same has been done with a particular intent, motive to take attain sadistic pleasure of leaving out the Nomination of the Central Government & play petty politics & that it is not an aberration to state the least that the same has been done by the First Respondent deliberately & wilfully at the cost of the lives of students as the appointment of a suitable candidate as the Vice Chancellor in the present case in one of the prestigious institutions in India will have a direct impact & bearing upon the lives of Students in this regard. Therefore in light of the aforementioned, the Impugned Order passed by the First Respondent is liable to be Set aside & struck down as illegal, void & unconstitutional.
M. The Impugned Order passed by the First Respondent is against the well settled law & legal proposition as laid down by the Honourable Supreme Court in (Reported in (2022) 5 SCC 179) Gambirdhan Gadhvi Case wherein the P/I/118 UGC 2010 and 2018 Regulations were considered. The Honourable Apex Court had laid down that Violation of UGC Regulations in appointing VC, can render VC liable to removal by issuance of Quo Warranto if so appointed. (Para 50 ) The operative portion of the Judgement has made it crucially crystal clear beyond all reasonable doubt without ambiguity that the UGC regulations are Supreme & cannot be bypassed or contravened by the State Education Department in any manner whatsoever in this regard. The same is squarely also applicable to the present case wherein the Search Committee has been appointed by the First Respondent without the Nomination of the UGC Member in the same as evidenced in the Impugned Order & the same smacks Constitutionality & is against well established judicial precedents & settled legal propositions of law. Hence, the Impugned Order passed by the First Respondent is liable to be set aside & struck down as illegal, void, inconsistent, unreasonable & unconstitutional.
N. The Impugned Order passed by the First Respondent is against the Central UGC Regulations & it is a monumental violation & legal infraction wherein the primacy of the UGC is sought to be ridiculed & right of the nomination of the UGC is directly related & removed & that the Honourable Supreme Court in Praneeth vs UGC (2020 SC Judgement) wherein the Supremacy of the UGC & its over riding effect upon the State Government enactment & regulations have been affirmed by the Honourable Apex Court in the said judgement. Furthermore, the Honourable Apex Court in 2022 SCC 1555 Prof Narendra Singh case has held that the Appointment of VC by Selection Committee constituted by State Government Education Department contrary to UGC Regulations is void. Hence the Impugned Order passed by the First Respondent is liable to be Set aside & struck down as illegal, void, inconsistent, unreasonable, invalid & unconstitutional.
O. A Bare perusal & plain reading of the Impugned Order passed by the First Respondent would categorically highlight that the fact that the well established & settled legal propositions & consistently followed judicial doctrine as precedent across India in various states have been completely thrown away by the First Respondent by mechanically passing the Impugned Order without any regard to the Constitutional proposition & the law laid down by the Honourable Supreme Court in a Plethora of landmark judgements. Time & again the Honourable Apex Court has consistently held that importance , primacy & role of the UGC in the process of Appointment of VC as a prominent one. Furthermore, the Honourable Apex Court as cited as aforementioned has even gone to the extent of laying down that the said Appointment of VC in any State University bypassing UGC regulations have to be struck down & even a Quo Warranto is manifestly maintainable against the said appointment of the VC. Hence the Impugned Order passed by the First Respondent bypassing the role of the UGC in the commitee for Appointment of VC is deemed to be null and void & is liable to set aside & struck down as illegal, unconstitutional & invalid & void.
P. The Impugned Order passed by the First Respondent herein has been passed against the Recent Supreme Court Order passed last week. It is pertinent to mention that the Honourable Supreme Court in a similar matter pertaining to search committee for VC for Calcutta University upon appeal from High Court had clearly laid down & asked the UGC to also give their names to be as part of the search committee for appointment of VC to Calcutta University. It is needless to state that the Impugned Order has no nominee from UGC & that the Government vide the First Respondent herein in the present case in going ahead & preparing a Search Committee without having the Nomination of the UGC in the said Committee is against the UGC Regulations & the plethora of Honourable Apex Court Judgement as cited Supra & that the inclusion of UGC was upheld in a recent case by the Honourable Apex Court pertaining to Calcutta University & the same is applicable to the present case. Hence the Impugned Order passed by the First Respondent is liable to be Struck down & set aside as illegal, void & unconstitutional.
Q. The Impugned Order passed by the First Respondent is against the plethora of precedence of judgements & is liable to be struck down as unconstitutional & illegal.
16. I submit that the Balance of convenience is in favour of the Petitioner & that the Respondents upon passing the said Impugned Order in contravention to the various Honourable Apex Court Judgements & UGC regulations & bypassing the same have further been responsible for unreasonable devastating consequences in Educational sphere especially in a historical prestigious institution like that of Madras University. Furthermore, the First Respondent ought to have taken utmost due care & consideration upon passing the Impugned Order & the same has been hurriedly & hastily done in a mechanical manner & hence ought to be set aside as illegal & unconstitutional.
17. I submit that the Petitioner is not in possession of the Original copy of the Impugned Order dated 13.09.2023 passed by the First Respondent made in Government Order 273 of 2023 & the Same is neither wilful nor wanton in this regard.
18. I submit that in light of the aforementioned it is most humbly prayed that this Honourable Court may be pleased to DISPENSE WITH the production of the Original Order Copy made in Government Order 273 of 2023 passed by the First Respondent vide the Principal Secretary to the Government of Tamil Nadu, Department of Higher Education, dated 13.09.2023 pending disposal of the present case & thus render justice.
19. I submit that in light of the aforementioned, it is therefore most humbly prayed that this Honourable Court may be pleased to Grant an Order of INTERIM STAY to STAY the operation of all further proceedings made in the Impugned Order vide Government Order 273 of 2023 passed by the First Respondent vide the Principal Secretary to the Government of Tamil Nadu, Department of Higher Education dated 13.09.2023, pending disposal of the present case & thus render justice.
In light of the aforementioned , it is therefore most humbly prayed that this Honourable Court under Article 226 of the Constitution of India, may be pleased to Issue a Writ in the nature of Writ, Order, Direction in the nature of Writ of Certiorarified Mandamus to call for the Records made in the Impugned Order vide Government Order 273 of 2023 passed by the First Respondent vide the Principal Secretary to the Government of Tamil Nadu, Department of Higher Education dated 13.09.2023 & Quash the same as illegal, void & unconstitutional & consequentially direct the First Respondent to reconstitute the said Search Committee afresh by including the name of the Nomination made by the University Grants Commission insofar as relating to the Madras University Vice Chancellor appointment and pass such further or other orders as this Honourable Court may deem fit and proper in the facts & circumstances of the present case & thus render justice.
Solemnly affirmed at Chennai Before Me
On this the day of October, 2023
and signed his name in my Presences. Advocate: Chennai
