S JAFER ALI S/O M SAMSUDEEN Vs. VICE CHANCELLOR, MANONMANIAM SUNDARANAR UNIVERSITY; REGISTRAR, MANONMANIAM SUNDARANAR UNIVERSITY; R MURUGESAN; THEANIKASALAM; I SUNDARAPANDI

JUDGEMENT

(1.) The petitioner has approached this Court, with a prayer for issuance of a Writ, in the nature of Mandamus, for directing the respondents 1 and 2 to delete the entries of graduates under category 1,2,3 and 5 of Class II of Section 19(a) of M.S.University Act from the Register of Graduates for the election of Senate members under the category of graduates, and for issuance of a Writ in the nature of Prohibition, restraining the respondents 1 and 2 from registering the graduates under categories 1,2,3 and 5 of Class II of Section 19(a) in the Register of Graduates for the category 4 of Class II of Section 19(a) of the Manonmaniam Sundaranar University Act.

(2.) As regards the prayer of writ of Prohibition is concerned, the same stands adjudicated in (H.MOHAMMED ALI..VS.. S. MARAGATHA SUNDARAM AND OTHERS) decided on 21.08.2007. Therefore, this Court cannot issue a Writ of Prohibition as prayed for.

(3.) The writ, to challenge the constitutional validity of Class II of Section 19(a) of the Manonmaniam Sundaranar University Act is also prima facie not competent, as the petitioner has not impleaded the State of Tamil Nadu as a party, it is not possible for the respondents 1 and 2, to delete the entries, which are statutory entries under the Act.