C GOPALAKRISHNAN AND S SANTHANAKRISHNAN, K SANTHANAKARUPPASAMY Vs. T GOPI @ GOPALAKRISHNAN AND ORS , C GOPALAKRISHNAN, DIRECTOR OF COLLEGIATE EDUCATION, JOINT DIRECTOR OF COLLEGIATE EDUCATION AND YADAVAR EDUCATIONAL FUND

JUDGEMENT

(1.) In both the writ petitions, the Petitioners have challenged the proceedings of the first Respondent dated 09.01.2009, cancelling the approval granted to Dr. C. Gopalakrishnan, as Secretary of the Yadava College and approving the appointment of Mr. K.P. Navaneetha Krishnan, as College Secretary. As the issue involved in both the writ petitions are identical and the parties are also same and in both the Writ Petitions, the same order is challenged, with consent of the parties, both the writ petitions were heard together and common order is passed.

(2.) The petition in W.P.(MD) No. 359 of 2009, is filed by one Dr. C. Gopalarkrishnan, whose approval as College Secretary was cancelled by the impugned order dated 09.01.2009, passed by the first Respondent and the petition in W.P.(MD) No. 1194 of 2009, is filed by Mr. S. Santhanakrisnan, and another, challenging the same order.

(3.) The case of the Petitioner in W.P.MD. No. 359 of 2009, is that the Yadava College is run by the Yadava Educational Fund, established in the year 1962. The Yadava Educational Fund is recognized as the Educational Agency of Yadava College, at Madurai, and one Mr. A.R. Chandran, was the College Secretary, pursuant to the resolution of the Executive Committee of the Educational Agency, approved by the first Respondent by order dated 25.04.2007 and the said A.R. Chandran, expired on 24.12.2008, the Executive Committee of the Yadava Educational Agency, appointed the Petitioner -Dr. C. Gopalakrishnan, in W.P.MD. No. 359 of 2009 as Secretary of the College in the meeting held on 28.12.2008, by passing a resolution and the same was communicated to the first Respondent, along with Form-VI, and the first Respondent also accepted the resolution of the Executive Committee and Form-VI and recognized the said Dr. C. Gopalakrishnan, as Secretary of the Yadava College, by order dated 31.12.2008. The Petitioner-Dr. C. Gopalakrishnan, also took charge on 02.01.2009. Thereafter, at the instance of the fourth Respondent viz., K.P. Navaneethakrishnan, who claimed to have been elected as the Secretary of the College in the General Body Meeting, alleged to have been convened on 28.12.2008, applied to the first Respondent to recognize him as Secretary of the College and that was accepted by the first Respondent and the approval granted to the Petitioner-Mr. Gopalakrishnan, was cancelled . Therefore, the impugned order of the first Respondent dated 09.01.2009, is liable to be quashed.