THEAGARAYA CHETTY EDUCATIONAL INSTITUTIONS, REPRESENTED BY THE MANAGING COMMITTEES SECRETARY Vs. DR. G. MADAN MOHAN RAO

JUDGEMENT

(1.) THIS writ appeal is preferred against the judgment of Ramanujam, J., by the second respondent in Writ Petition No. 7444 of 1975. The writ petition was filed by the first respondent herein, Dr G. Madan Mohan Rao, praying for the issue of a writ of a mandamus directing the respondents, namely, The State of Tamil Nadu, Theagaroya Chetty Educational Institutions represented by the Managing Committee's Secretary and the Managing Committee, to implement the provisional of Section 19 of Ordinance 17 of 1975 so far as it related to the order of suspension passed against him on 26th September, 1975.

(2.) THE first respondent is the Principal and Professor of Zoology in Sir Theagaraya College, Madras. On 26th May, 1975, the Committee of Management served on him a memo, of charges. He was asked to give his explanation before 1st July, 1975. The Committee of Management proposed to convene a meeting on 25th August, 1975, to consider the charges framed against him. The appellant filed a petition, see Theagaraya Chetty Educational Institutions, represented by its Secretary and Correspondent v. University of Madras W.P. No. 3872 of 1975 since reported in, (1977) 90 L.W. 22. to quash the order of the University directing the appellant to make the Principal responsible for all admissions, and in W.M.P. No. 5607 of 1975 in W.P. No. 3872 of 1975, the first respondent obtained a stay of disciplinary proceedings against him. The stay of enquiry was granted till 15th July, 1975. But the first respondent was asked to file his explanation before 1st July, 1975. On 1st July 1975, the first respondent filed his explanation. The appellant withdrew W.P. No. 3872 of 1975. Soon after, the first respondent filed a suit, O.S.No. 6051 of 1975. On 25th August, 1975, for a declaration that the Constitution of the committee was illegal and for an injunction restraining the managing committee from interfering with his duties and functions as Principal. On the same date, an interim . injunction was granted in I.A. No. 16649 of 1975. On 24th September, 1975, the order of injunction was vacated and I.A. No. 16649 of 1975, was dismissed. The first respondent preferred an appeal, C.M.A. No. 158 of 1975, against the dismissal of I.A. No. 16649 of 1975 and, pending that appeal, in C.M.P. No. 82 of 1975, an interim injunction was granted restraining the managing committee from, holding the meeting at 4 p.m. on 26th September, 1975. The meeting of the managing committee was in fact held at 4 -10 p.m. and the first respondent was suspended and the thirteenth respondent was appointed as principal in charge. Immediately, the thirteenth respondent assumed charge as principal. A little later, at 4 -30 p.m. on 26th September, 1975. in C.M.P, No. 82 of 1975, the Court directed the parties to maintain the status quo as at 4 -30 p.m. on 26th September, 1975.

(3.) THE Tamil Nadu Private Colleges (Regulation) Ordinance, 1975 (17 of 1975) was promulgated on 21st November, 1975. On 5th December, 1975, the first respondent filed C.M.P. No. 123 of 1975 in C.M.A. No. 158 of 1975 praying for leave to raise additional grounds relating to the applicability of the Ordinance. On 12th December, 1975, the first respondent filed O.S. No 9297 off 1975 for a declaration that the order dated 26th September, 1975, suspending him was inoperative and not honest. Tune for counter was granted in I.A. No. 26298 of 1975 and the application was posted to 12th January, 1975. In the meantime, on 20th December, 1975, W.P. No. 7444 of 1975, out of which this writ appeal arises, was filed by the first respondent. On 5th January, 1976, C.M.A. No. 158 of 1975 and the applications filed by the first respondent were dismissed. The suit, O.S. No. 9297 of 1975, filed by the first respondent was dismissed on 2nd February, 1976. On 21st January, 1976, judgment was pronounced in W.P. No. 7444 of 1975 holding that the suspension made on 26th September, 1975, expired under the Ordinance, Aggrieved against that order, Theagaraya Chetty Educational Institutions, represented by the Managing Committee's Secretary the second respondent in the writ petition, has preferred the present writ appeal.