P MURPHY ALEXANDER Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) BEING aggrieved by declining to grant interim order in M.P(MD).No.2 of 2010 in W.P.(MD) No.12304 of 2010, appellant has come forward with this appeal. With the consent of counsels, writ petition was withdrawn and heard together along with the writ appeal.

(2.) THE appellant herein, who is possessing M.Sc., M.Phil. and Ph.D. Degrees, was appointed as Lecturer in the Department of Zoology in the 3rd respondent College on 07.07.83. THE Joint Director of Collegiate Education/the 2nd respondent herein, has also approved the appellant's appointment as Principal with effect from 20.02.2009 and on the said date, the appellant also took charge as Principal of the College, which is also affiliated to Manonmaniam Sundaranar University, Tirunelveli. On giving approval by the Manonmaniam Sundaranar University, Tirunelveli for appointment as Principal by letter dated 10.09.2009, the 1st respondent/the Director of Collegiate Education, Chennai, also approved him as the Principal in his proceedings Mu.Mu.No.43763/F2/2009, dated 17.11.2009.

(3.) FORCEFULLY, it was contended that the learned Single Judge refusing to grant interim order of stay of the impugned order, on the ground that since the appellant was terminated from service, the legality of the order has to be gone into on the main writ petition, is causing great prejudice to the appellant's continuance in the post of Principal of the 3rd respondent College. He further contended that the learned Single Judge having seen that the order of removal was passed without holding any enquiry and without giving any notice against the appellant, yet refused to pass any order and thereby, the very writ petition filed by the appellant challenging the impugned order of termination has been rendered meaningless.