M A ASHARAFF ALI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THESE three writ petitions are concerning the continuation and removal of one Dr.I.Ismail, Principal of one Muqyyath Sha Sirguro Wakf Board College (M.S.S. Wakf Board College), Madurai, particularly, in view of the complaint of sexual harassment made by one Ms.K.Shameem Rani, Lecturer in Zoology working in the same college.

(2.) THE short facts leading to these three writ petitions are as follows:- THE above referred M.S.S. Wakf Board College is a minority educational institution established in the year 1958. THE college and its properties are notified by the Tamil Nadu Wakf Board under the Wakfs Act, 1954. THE constitution of the college is governed by its own Constitution framed under G.O.Ms.No.1127 dated 9th September, 1978 issued by the Commercial Taxes and Religious Endowments Department. THE administration of the college is governed by a Governing Body consisting of 11 members. Among them two are nominated by the State Government. THE Chairman of the Tamil Nadu Wakf Board shall always be the Chairman of the College Governing Body.

(3.) DR.Ismail filed W.P.No.37797 of 2003 to challenge the said show cause notice principally on the ground that he was not served with the Enquiry Report, and did not get an opportunity to put forth his case. The High Court accepted this submission and by its order dated 24th June, 2005 quashed the show cause notice and directed the Governing Body to proceed afresh from the stage the mistake had crept in.