BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 09/08/2011
Coram
THE HONOURABLE MR. JUSTICE VINOD K. SHARMA
Writ Petition(MD)No.7108 of 2007
S. Jafer Ali,
S/o. M. Samsudeen,
26, Bell Colony,
Palayamkottai,
Tirunelveli - 627 002. ...... Petitioner
Vs
1. The Vice Chancellor,
Manonmaniam Sundaranar
University, Tirunelveli - 8.
2. The Registrar,
Manonmaniam Sundaranar
University, Tirunelveli - 8.
3. Dr. R. Murugesan,
Plot No.7, IIIrd Cross V Street,
Rajendra Nagar,
Palayamkottai, Tirunelveli - 2.
4. Theanikasalam,
100 / 54, Kumarapuram,
Tiruchendur Taluk,
Tuticorin District.
5. I. Sundarapandi,
1013, Weavers Colony (South),
Vettornimadam & Po,
Kanyakumari District. ...... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to
delete the entries of graduates under category 1,2,3 and 5 of Class II of
Section 19(a) of M.S.University Act from the Register of Graduates for the
election of Senate members under the category of graduates under Section 19(a)
Class II(4) of the Manonmaniam Sundaranar University Act and forbearing the
respondents 1 and 2 from registering the graduates under categories 1,2,3 and 5
of Class II of Section 19(a) in the Register of Graduates for the category 4 of
Class II of Section 19(a) of the Manonmaniam Sundaranar University Act.
!For Petitioner ... No appearance
(Mr. J. Ashok)
^For Respondents... Mr. M.P. Senthil for R-1
Mr. M. Suresh Kumar for R-2
Mr. M. Saravanan for R-3, R-4 and R-5
- - - - - - - -
:ORDER
The petitioner has approached this Court, with a prayer for issuance
of a Writ, in the nature of Mandamus, for directing the respondents 1 and 2 to
delete the entries of graduates under category 1,2,3 and 5 of Class II of
Section 19(a) of M.S.University Act from the Register of Graduates for the
election of Senate members under the category of graduates, and for issuance of
a Writ in the nature of Prohibition, restraining the respondents 1 and 2 from
registering the graduates under categories 1,2,3 and 5 of Class II of Section
19(a) in the Register of Graduates for the category 4 of Class II of Section
19(a) of the Manonmaniam Sundaranar University Act.
2. As regards the prayer of writ of Prohibition is concerned, the
same stands adjudicated in W.A.(MD)No.331 of 2007 (H.MOHAMMED ALI ..VS.. S.
MARAGATHA SUNDARAM AND OTHERS) decided on 21.08.2007. Therefore, this Court
cannot issue a Writ of Prohibition as prayed for.
3. The writ, to challenge the constitutional validity of Class II
of Section 19(a) of the Manonmaniam Sundaranar University Act is also prima
facie not competent, as the petitioner has not impleaded the State of Tamil Nadu
as a party, it is not possible for the respondents 1 and 2, to delete the
entries, which are statutory entries under the Act.
4. Otherwise also the only ground on which the constitutional
validity has been challenged, is that the representation of the graduate
teachers in the first respondent University is more than adequate.
5. This cannot be a ground to challenge the constitutional validity
of the Statute. It is for the Legislature to decide the representation, this
Court cannot hold a provision to be constitutionally invalid, merely because of
representation of one category is more than the other / or a certain category
inadequately represented.
6. This writ petition being totally misconceived is ordered to be
dismissed.
No costs.
Dpn/-