D GANESAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is the writ petition filed for the issuance of a writ in the nature of Quo Warranto or any other appropriate writ calling upon the second respondent to show under what authority of law he is holding the office of the Vice Chancellor of Indian Maritime University at Utthandi, Chennai and consequently seeks for a declaration that the post of the Vice Chancellor of Indian Maritime University, Chennai as vacant.

(2.) THIS Court without admitting the writ petition gave notice on admission and directed the counsel for the petitioner to serve respondents privately. On being served, the second respondent has filed a counter affidavit, dated 24.7.2011 justifying his appointment. He has also filed a typed set of documents containing certain documents. The first respondent Union of India has also filed a counter affidavit, dated 17.8.2011. The said counter affidavit was sworn to by the Under Secretary to the Government of India, Ministry of Shipping.

(3.) THEREFORE, the petitioner contended that the person who is so appointed as a Vice Chancellor should be an eminent educationist in the area such as Maritime Mangement, General Management, Science and Technology with Ph.D Degree. It is also claimed by the petitioner that recruitment rules have been framed for the post of the Vice Chancellor and they were published in the Gazetteer of India, dated 12.5.2009. Under Chapter 9, recruitment rules under the caption Academic and Administrative Service deals with the post of the Vice Chancellor. It is described as the chief Executive Officer. It is also stated that the person who is qualified to be the Vice Chancellor must be an eminent educationist in the area of Maritime Management, General Management, Science and Technology with Ph.D Degree. In the publication made by the Indian Maritime University for the University Teaching and Non Teaching Employees Rules relating to the terms and conditions of service, the same has been reproduced. But notwithstanding these rules, the second respondent has been appointed by the President of India without constituting any committee under Statutes No.2.2 and no panel of three names were prepared. The second respondent had done B.A.(Economics) in 1978, M.A. (Economics) in April, 1980. He had secured Ph.D from the University of Bombay in 1987 and his thesis related to Industrial Sickness. He had also obtained Post Graduate Diploma in Human Resource Management from Pondicherry Central University in December, 1996. His profile related to research and academic experience do not any way relate to any maritime science or maritime studies. He was only the Board of Director of Tamilnadu Maritime Academy, which was an autonomous institute established by Poompuhar Shipping Corporation owned by the Government of Taml Nadu. Under no stretch of imagination, he can be called as an eminent educationist. It is also claimed that the FIR, dated 12.1.2011 was filed by the CBI at Chennai for offences under Sections 109 IPC read with 13(2) and 13(1)(e) of the Prevention of Corruption Act, 1988. The second respondent had secured an anticipatory bail from this court on 25.1.2011. THEREFORE, it was stated that he cannot hold the office of the Vice Chancellor under the aforesaid reasons.