Lordship s vaithiyanathan -W.P.No.4607 of 2021 and W.M.P.No.5246 of 2021 (Heard through VC) Prof.M.K.Surappa Vice-Chancellor Anna University. -Taking note of the submission and assurance of the learned Advocate General that no final decision will be taken on the report, there shall be a direction to the Government not to give effect to the report of the Enquiry Commission till 05.04.2021.

W.P.No.4607 of 2021

and W.M.P.No.5246 of 2021

(Heard through VC)

Prof.M.K.Surappa

Vice-Chancellor

Anna University,

Chennai.                                                                                              …Petitioner

 

-vs-

 

1. The Joint Secretary,

Department of Higher Education,

Ministry of Education of Union of India,

Sastri Bhawan, Dr.Rajendra Prasad Road,

New Delhi.

 

2. The Chair Person,

All India Council for Technical Education (AICTE),

Nelson Mandela Marg,

Vasant Kunj, New Delhi-110 070.

 

3. The Chair Person,

University Grants Commission,

35, Feroz Shah Road,

New Delhi – 110 002.

 

4. The Principal Secretary,

Higher Education Department of Government of Tamil Nadu,

Secretariat, Fort St.George,

Chennai-600 009.

 

5. The Registrar,

The Anna University,

Guindy, Chennai.

 

6. The Chancellor,

Anna University,

Chennai.

 

7. The Inquiry Officer,

(Allegations against the Vice Chancellor, Anna University)

Podhigai Campus, P.S.Kumarasamy Rajaji Salai,

Greenways Road, Chennai-600 028.

Rep. through Member Secretary.                                             … Respondents

Prayer: To call for the records pertaining to the impugned G.O.(Rt) No.138 Higher Education (11) Department dated 11.11.2020 on the file of the 4th Respondent and quash the same.

 

*****

 

S.VAIDYANATHAN,J.,

Mr.R.Sankaranarayanan, learned Assistant Solicitor General assisted by Mr.D.Simon, learned Standing Counsel takes notice for R1 to R3. Mr.Vijay Narayan, learned Advocate General, assisted by Mr.E.Manoharan, learned counsel appears for R4 and R6 and Mr.Vijayakumar, learned counsel for R5.

 

2. Mr.N.Vijayaraghavan, learned counsel for Mr.N.P.Vijay Kumar, learned counsel appearing for the petitioner submitted that the vindictive enquiry instituted by the 4th respondent is a malice exercise of power, as the petitioner took some steps detrimental to the political agenda of the ruling dispensation. Since the petitioner questioned the automatic pass of students without examinations, payment for purchase of decorative items to the office of the 4th respondent and the Minister for Higher Education without Syndicate Approval, he has been made a scapegoat on the basis of vague allegations, that too, purported to have been given long back.

 

3. Per contra, learned Advocate General contended that the petitioner is the Vice Chancellor of Anna University and an Enquiry Commission has been constituted under Section 11 (4-A) and (4-B) of Anna University Act, 1978 to look into the complaints received against the petitioner with regard to his conduct. He has further contended that enquiry report is awaited and even assuming that a report is going to be submitted in time, the Government will not take a decision on the report for a period of two weeks. He also contended that there were cases where Vice Chancellors have been transferred and in the present case on hand, enquiry has been contemplated and is being proceeded with and no final decision has been taken. Ultimately, it is the Chancellor, who has to take action based on the enquiry report and the Government is empowered to initiate enquiry only. However, he sought time to file counter and argue in detail in the main Writ Petition.

 

4. Learned Assistant Solicitor General appearing for R1 to R3 represented that it is very unfortunate that there is chaos and confusion in the administration of Anna University and as per the statement made by the Chancellor, the issue has got to be resolved amicably without spoiling the reputation of anyone and the institution and the Chancellor may ensure amicable settlement of the issue in question.

 

5. Taking note of the submission and assurance of the learned Advocate General that no final decision will be taken on the report, there shall be a direction to the Government not to give effect to the report of the Enquiry Commission till 05.04.2021.

 

List this matter on 15.03.2021 for counter and further adjudication of the matter.

 

27.02.2021

 

ar

 

Note: Issue order copy on 01.03.2021

 

 

W.P.No.4607 of 2021