BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13/02/2006 CORAM THE HONOURABLE MR.JUSTICE P. JYOTHIMANI W.P.No.8336 of 2005 and W.P.M.P.No.9032 of 2005 R.Rengammal ..Petitioner Vs 1.The Joint Commissioner/The Secretary, College Managing Committee, Arulmigu Palani Andavar Arts College for Women, Palani, Dindigul District. 2.The Commissioner/President, Hindu Religious And Charitable Endowment/ College Managing Committee, Arulmigu Palani Andavar Arts College for Women, Chennai. 3.The Director of Collegiate Education, Chennai.' 4.The Regional Joint Director of Collegiate Education, Madurai Region, Madurai. 5.S.Muthulakshmi .. Respondents PRAYER Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, forbearing the respondents 1 to 4 from extending the term of service of the fifth respondent as Principal-in- charge of Arulmigu Palani Andavar Arts College for Women, Palani. !For Petitioner ... Mr.R.Nanda Kumar ^For Respondent1 ... Mr.D.Rajendiran For Respondents ... Mr.K.V.Vijayakumar R2 to R4 Special Government Pleader :ORDER
1. Heard the learned counsel Mr.R.Nanda Kumar, appearing for the
petitioner, Mr.D.Rajendiran, learned counsel appearing for the first respondent,
and Mr.K.V.Vijayakumar, learned Special Government Pleader appearing for
respondents 2 to 4 and though the fifth respondent was served, but, she has not
chosen to appear.
2. This writ petition is filed for a direction against the respondents 1
to 4, to forbear them from extending the term of service of the fifth respondent
as Principal-in-charge of Arulmigu Palani Andavar Arts College for Women,
Palani.
3. Even though, the learned counsel Mr.R.Nanda Kumar appearing for the
petitioner, would submit that the writ petition is prayed for a Mandamus,
forbearing the respondents 1 to 4 from extending the term of service of the
fifth respondent as Principal-in-charge, in the affidavit filed in support of
the writ petition, it is clear that the intention of the petitioner, is to
challenge such appointment, which would have been given to the fifth respondent.
4. On the other hand, Mr.D.Rajendran, learned counsel appearing for the
first respondent, would submit that the said moulding of the prayer cannot be
done at the stage, especially when the interview for the regular post of
Principal was conducted, in which the petitioner admittedly has not participated
in the said interview. In these circumstances, the writ petition is liable to be
dismissed.
5. Considering the facts and circumstances of the case, this Court is of
the view that at this stage, the prayer in the writ petition cannot be granted.
In view of
the same, the writ petition is dismissed, however, it is open to the petitioner,
to challenge any order of appointment either in respect of the fifth respondent
or anybody as Principal in the manner known to law. Consequently, the connected
miscellaneous petition is also dismissed. There is no order as to costs.
sml/nbk
To
1.The Joint Commissioner/The Secretary,
College Managing Committee,
Arulmigu Palani Andavar Arts College for Women,
Palani,
Dindigul District.
2.The Commissioner/President,
Hindu Religious And Charitable Endowment/
College Managing Committee,
Arulmigu Palani Andavar Arts College for Women,
Chennai.
3.The Director of Collegiate Education,
Chennai.
4.The Regional Joint Director of Collegiate Education,
Madurai Region,
Madurai.