(Order of the Court was made by The Hon'ble Chief Justice) The petitioner claims to be a journalist, reporter of a Magazine and also the President of Indian Makkal Mandram seeks to file the present petition as public interest litigation for issuance of writ of mandamus for directions to the Chancellor of the Tamil Nadu Dr. M.G.R. Medical University for taking action against the Vice Chancellor of the University/respondent No.5 on account of the alleged irregularities. Two specific directions are also sought for de-listing the husband of respondent No.5, who is a Professor of Medicine, from the Standing Academic Board and Faculty of UG Medicine and Surgery and a similar relief for the sister of respondent No.5, who is also MD from the Standing Academic Board and Faculty of Medicine and Medical Specialties.
2. The learned counsel for the petitioner pleads before us by reference to the typed set of documents that prior to her appointment, there were some allegations against respondent No.5, which were sought to be looked into by the State Government. However, this is the letter of 21.12.2015 and no adverse consequence flowed from it. Be that as it may, the appointment has taken place subsequently.
3. The substratum of the allegation about the irregularities consist of a model of the car on higher value being provided in the Budget, appointment of husband and sister of respondent No.5 in two academic posts, who possessed the academic qualifications etc. However, no irregularity has been pointed out in the appointment process. The grievance is also made that after obtaining approval to travel for a conference abroad, respondent No.5 left earlier. We also find that the petitioner has been writing letters to respondent No.5, making allegations against her and threatening her not to continue in the post. He has also sent a representation to the Chancellor and thus, the Chancellor would be quite aware of what has been alleged. All these materials are sought to be collected and given the colour of public interest litigation.
4. We are completely dissatisfied with the bonafides of this petition. The power of the Vice Chancellor, in turn, is checked by various bodies, where agendas are placed and approved. Thus, there is a control and check mechanism provided under the provisions of the Tamil Nadu Dr. M.G.R. Medical University Act, 1998 itself. Merely because a person unconnected with the subject matter even wrote letters to the Chancellor would not give him the right to seek a direction from the Court that the Chancellor must act in a particular manner.
5. We are thus not inclined to the entertain this public interest litigation.
6. The writ petition is dismissed. No costs.
(S.K.K., CJ.) (M.S., J.) 02.01.2017 Index : Yes/No Internet : Yes/No bbr To
1.The Excellence Chancellor, Tamil Nadu Dr. MGR Medical University, Raj Bhavan, Guindy, Chennai.
2.The Hon'ble Pro-Chancellor, Tamil Nadu Dr. MGR Medical University, Fort St. George, Chennai-9.
3.The Chief Secretary to the Government of Tamil Nadu, Fort St. George, Chennai-9.
4.The Special Secretary to the Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai-9.
The Hon'ble Chief Justice and M.Sundar, J.
bbr W.P.No.44520 of 2016 02.01.2017 http://www.judis.nic.in