N THIAGARAJAN Vs. REGIONAL JOINT DIRECTOR REGIONAL

JUDGEMENT

(1.) THE Secretary of Saraswathi Narayanan College, Madurai, who is the appellant in the Writ Appeal and the petitioner in the Writ Petition, filed W.P.(MD)No.3002 of 2008 to quash an order in G.O.Ms.No.86, Higher Education (D2) Department, dated 20.3.2008, suspending the Management of Saraswathi Narayanan College, Madurai and appointing the first respondent as the Special Officer for a period of one year under Section 14-A of THE Tamil Nadu Private Colleges (Regulation) Act, 1976 (hereinafter referred to as 'the Act'). THE writ petition was dismissed by the learned Judge on 17.4.2008 and the writ appeal W.A.(MD) No.440 of 2008 is against the said order.

(2.) SINCE the Government Order G.O.Ms.No.86, Higher Education (D2) Department, dated 20.3.2008, was to be in force for a period of one year, the term of Office of the Special Officer expired on 19.3.2009. Therefore the Government passed another order in G.O.Ms.No.70, Higher Education (D2) Department, dated 19.3.2009, extending the suspension of the Management and the tenure of the Special Officer for a further period of one year viz., upto 19.3.2010. Challenging the said order, the Secretary of the College has filed a writ petition in W.P.(MD) No.5151 of 2009. SINCE the writ appeal W.A.(MD) No.440 of 2008, arising out of the first order was already pending before the Division Bench, the learned single Judge directed the Registry to tag the writ petition along with the writ appeal. Therefore the writ appeal and the writ petition were taken up together.

(3.) THOUGH the learned counsel appearing on both sides traded serious allegations against each other and also raised contentious issues, we are of the considered view that many of them cannot be decided in the Writ Appeal and the Writ Petition. Therefore we have carefully segregated the chaff from the grain. Once this is done, the facts essential for the disposal of the Writ Appeal and the Writ Petition, can be summarised as follows:-