ALAGAPPA CHETTIAR EDUCATIONAL TRUST Vs. S. GOODLUCK RAJENDRAN

JUDGEMENT

(1.) THE present review application has been filed by Dr. Alagappa Chettiar Educational Trust represented by its Secretary and another donor challenging the correctness of the order passed by this Court in Writ Petition No.28680 of 2006 dated 11.9.2007, wherein the first respondent sought for issuance of a writ of mandamus under Article 226 of the Constitution of India to direct the fifth respondent-Central Bureau of Investigation, Chennai to investigate into the various irregularities allegedly committed by Dr.D.Viswanathan, the then Vice Chancellor of Anna University, Chennai including that of admitting ineligible students and gross misappropriation of funds running to crores of rupees and collecting money from various colleges. This Court, after considering the various submissions made by the parties impleaded in the writ petition, disposed off the writ petition in terms of the following order:-

(2.) MR .K.T.S.Tulsi, learned senior counsel for the review applicants, after elaborately narrating the facts that made this Court to pass the final order in the aforesaid writ petition, by taking us through the cause title of the writ petition, explained to us that the applicants were not even impleaded as necessary parties. When the applicants were not impleaded as necessary parties, no adverse order, legally, could be passed. On this basis, it was further contended that the entire order passed by this Court is liable to be recalled and the writ petition has to be heard afresh. Adding further, he pleaded, without following the fundamental principles of natural justice viz., audi alteram partem, this Court, while disposing off the writ petition, has completely denied the grant of an opportunity to the applicants, as a result, a huge and irreparable prejudice has been caused to them. In fact, had there been a notice given to the applicants, the entire gamut of the issue would have been resolved amicably without passing any adverse order against them. As the first respondent, who filed the writ petition under 'PIL' has not even impleaded these applicants and this Court also, inadvertently overlooking the importance of hearing the applicants, wrongly passed the order. Therefore, the learned senior counsel prayed before this Court to recall the order passed in W.P.No.28680 of 2006 dated 11.9.2007 and to give a full opportunity to these applicants to place all facts before the Court.

(3.) WHEN the learned senior counsel for the review applicants narrated that the first applicant had donated 325 acres of land at the time of establishment of the Institute and further land of 400 acres, when it was converted into an Institute, the Anna University permitted the first applicant to nominate 10 seats in the matter of admission. Similarly, the second applicant had also donated 56 acres of land for the establishment of the Madras Institute of Technology, Chennai. As a token of honouring the philanthropists who have contributed to the growth of education, the Anna University permitted the second applicant to nominate 5 seats in the matter of admission. When the huge, voluminous and precious lands were donated for the cause of education to the State Government, before taking away all these benefits, this Court failed to give any fair and proper opportunity to the review applicants. When this Court did not deem it fit to implead the review applicants as necessary parties to the proceeding, the approach adopted in the impugned order is a clear violation of the fundamental principles of natural justice viz., audi alteram partem.