LAWS(MAD)-2010-8-246

M SAMPATH Vs. GOVERNMENT OF TAMIL NADU

Decided On August 11, 2010
M. SAMPATH Appellant
V/S
GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY TO HIGHER EDUCATION DEPARTMENT, CHENNAI Respondents

JUDGEMENT

(1.) ON consent, this writ petition is taken up for final hearing.

(2.) THE writ petition is filed against the order of the fourth respondent dated 08.06.2010 and to quash the same and to consequently direct the respondents to comply with the proportional representation to the teaching staff belonging to SC/ST as per the provision of the constitution.

(3.) THE impugned order is challenged by the learned counsel for the petitioner on the ground that the same is tainted with bias arbitrariness, malafide and victimisation. It is further contended by the learned counsel for the petitioner that the petitioner was in the course of enquiry was not given adequate and fair opportunity for representing his case and what is held is only a false enquiry, with a pre determine mind to remove him from the college thereby avoiding his inclusion in the selection committee for admitting students in the PG and UG course, the learned counsel for the petitioner has also raised additional ground that the petitioner was not given any second show cause notice thereby deprived his opportunity to submit his explanation upon the findings of the enquiry officer.