1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9809 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 N.Nattuthurai : Petitioner Vs. The Christian Institute for Technical Education, (Polytechnic College) represented by its Correspondent Rev.E.Richard, Oddanchatram-624 619, Dindigul District. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent made in Ref.CITE/Notice/5-851/2011, dated 29.06.2011 and quash the same and consequently, direct the respondent to re-transfer the petitioner to Computer Engineering Department, in the respondent polytechnic. For Petitioner : Mr.G.R.Swaminathan ORDER According to the petitioner, after completing M.Sc., M.Phil., he joined the respondent Polytechnic College as Lecturer in Computer Engineering Department on 04.12.2006. On 12.07.2010, he was shifted to Science and Humanities Department. Currently, he is taking classes for the first year. As the Computer Science subject has been removed from the syllabus, insofar as the first year is concerned, the respondent has issued the impugned notice dated 29.06.2011, calling upon the petitioner to find a suitable job elsewhere. It is the grievance of the petitioner that after the shifting of the petitioner from Computer Engineering Department to Science and Humanities Department, four other persons were recruited to the Department of Computer Engineering. In such circumstances, the respondent should have re-transferred the petitioner to Computer Engineering Department, from which, he was shifted. However, the respondent has issued the impugned notice dated 29.06.2011, giving three months time to the petitioner to find a suitable job elsewhere. According to him, the respondent ought to have applied the principle of "last come first go". https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard the learned counsel for the petitioner and perused the materials available on record. 3. The impugned notice issued by the Correspondent, the Christian Institute for Technical Education (Polytechnic College), Oddanchatram, Dindigul District, dated 29.06.2011, states that as per the recent 'L' Scheme introduced by DOTE from this Academic year 2011-12, Computer Science subject has been removed from the syllabus and, therefore, the petitioner has no chance to handle Computer Science in the Science and Humanities Department (I year Subject). 4. In the above said circumstances, the petitioner has been given three months time from the month of July to September, 2011, to find a suitable job elsewhere, and the Correspondent has expressed his regret that he is not able to provide any opportunity for the petitioner's continuance in the Institute. Material on record shows that on receipt of the above said notice, the petitioner has made a representation to the Institute, contending that on the earlier occasion, he had obliged the College, when he was shifted to Science and Humanities Department, though he was recruited only in Computer Engineering Department and he has also alleged discrimination. Three months period is due to expire on 28.09.2011. When Computer Science subject has been removed from the syllabus, as per the recent 'L' Scheme introduced by the DOTE from this academic year 2011-2012, the respondent-Institute had taken a decision stating that the petitioner would not have any chance to handle Computer Science in the Science and Humanities Department (I year Subject) and issued the impugned notice. The decision, as such, cannot be said to be arbitrary. However, if the Institute had recruited some Lecturers in the Computer Engineering Department, after the date of induction of the petitioner in the Institute, in the very same Department and after shifting him to Science and Humanities Department, or for some reasons, if others are allowed to continue in Computer Engineering Department, as alleged, it is for the respondent to address the said issue and pass an appropriate order, considering the representation of the petitioner dated 18.07.2011. 5. Accordingly, the respondent is directed to consider and pass appropriate orders on the representation of the petitioner dated 18.07.2011 on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. Prima facie, it cannot be said that the impugned notice has been issued arbitrarily or without any basis. 6. With the above directions, the Writ Petition stands disposed of. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To Rev.E.Richard, The Christian Institute for Technical Education, (Polytechnic College) Oddanchatram-624 619, Dindigul District. +1cc to Mr.G.R.Swaminathan, Advocate, Sr.No.29700 sml ssk/30.08.2011 /3c -3p/- Order made in W.P.(MD).No.9809 of 2011 Dated:- 29.08.2011 https://hcservices.ecourts.gov.in/hcservices/