1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.3494 of 2011 and M.P.(MD) Nos.1, 2 and 3 of 2011 G.Karikolraj Secretary/Correspondent, Nadar Mahajana Sangam Kamaraj Polytechnic Paribalana Sabhai, Pazhavilai, Nagarcoil, Kanyakumari District. Petitioner Vs 1.The Commissioner, Directorate of Technical Education, Guindy, Chennai - 25. 2.C.Dharmalingam, S/o.Chidambaram Nadar, Secretary/Correspondent, Nadar Mahajana Sangam Kamaraj Polytechnic Paribalana Sabhai, Pazhavilai, Nagarcoil, Kanyakumari District. 3.M.Stephen Sagaya Prasad, Principal, Nadar Mahajana Sangam Kamaraj Polytechnic Paribalana Sabhai, Pazhavilai, Nagarcoil, Kanyakumari District. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the impugned tender notice issued by the respondents 2 and 3 in their proceedings Nil dated 13.03.2011 published in Dhinathanthi Newspaper on 13.03.2011 and quash the same as illegal and without jurisdiction. For Petitioner M/s.B.Saravanan For Respondents 1&2 No appearance For Respondent 3 M/s.K.Sridhar Associates https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER The writ petition has been filed by the petitioner to call for records relating to the impugned tender notice issued by the respondents 2 and 3 in their proceedings Nil dated 13.03.2011 published in Dhinathanthi Newspaper on 13.03.2011. 2. The main grievance of the petitioner is that the respondents have called for the tender without conforming to the earlier order dated 11.02.2010 passed by a Division Bench of this Court in W.A.No.715 of 2009. The apprehension of the petitioner is that under the guise of the tender notification, the money which is sanctioned by the Central Government may be misused by the respondents. 3. This Court, by order dated 24.03.2011, passed an order of interim stay of confirmation of tender alone. The third respondent in the writ petition viz., the Principal of the Nadar Mahajana Sangam Kamaraj Polytechnic Paribalana Sabhai has filed a petition to vacate the stay granted by this Court. Among other grounds, he would only contemplate that the grant is made by the Central Government which will be monitored by the State Government and implementation is followed by the committee appointed by the State Government and therefore, at this stage, the petitioner cannot have any apprehension especially when the funds will be routed only through the Government authorities. Therefore, it is a scheme which is sanctioned to the College and in view of the internal fight, it should not be lost and especially he would contend that the Division Bench of this Court, in W.A.No.715 of 2009 by order dated 11.02.2010, directed to conduct election to the Association and so far, it was not complied with; at least, necessary safeguard can be made so that the scheme could be properly implemented in the college. 4. As far as the first respondent-Commissioner is concerned, they would only state that the scheme would be implemented and the necessary supervision will be done by the Monitoring Committee as well as the authorities concerned; but, so far as the in-fight between the parties is concerned, this Court need not be concerned about the same; once the College has been selected for a purpose, they will do the necessary sanction and they will monitor the whole grant. 5. Heard all the parties concerned. By consent, the main writ petition itself is taken up for disposal. 6. It is pertinent to point out here that there is an order dated 11.02.2010 passed by a Division Bench of this Court in W.A.(MD)No.715 of 2009 directing to conduct election. In fact, I was a party to that judgment and in the said judgment, we made it clear that there are a lot of in-fights between the parties and therefore, that should not affect the very institution. In https://hcservices.ecourts.gov.in/hcservices/ 3 this case, in spite of the direction in the earlier writ appeal, admittedly, till date, no election has been conducted for the Nadar Mahajana Sangam Kamaraj Polytechnic Paribalana Sabhai. At the same time, this is a college in which the third respondent is the Principal and the scheme has been sanctioned by the Central Government for construction of women's hostel and the fund is being monitored by the State Government. The Central Government appointed the Comptroller and Auditor General of India and an auditor to supervise the accounts and the Central Government has appointed a monitoring committee at the State level and DOTE level for the implementation of the Centrally sponsored scheme. As per the communication dated 29.01.2010, in the proceedings No.43248/H3/2007, the Commissioner of Technical Education has constituted a Committee at the DOTE level. Since it is a Central Government-aided project given to the institution for construction of a women's hostel, the internal dispute should not be allowed to prevent the implementation of the scheme. Since this Court has granted an order of interim stay of confirmation of tender alone on 24.03.2011, suffice to direct that the confirmation of the tender be made by the respondent and it should be sent for approval by the Monitoring Committee at the DOTE level. 7. The respondents will now send the confirmation for approval with all the tender documents received by them for putting up construction of women's hostel which will be approved and sanctioned by the Monitoring Committee at the DOTE level and then, in future, the construction also will be monitored by the Committee as per the State Government orders. This safeguard is enough for the writ petitioner's apprehension and at the same time, the Central Government Scheme will not, in any way, be hampered, stopped from being implemented in the college. Therefore, the party's loggerheads should not be a hindrance to the implementation of the scheme. The scheme is after-all for construction of women's hostel which will be a boon to the college as well as to the institution. Therefore, suffice to direct the second and third respondents to abide by the rules, regulations and conditions imposed by the Government so far as the implementation of this scheme is concerned and the project will be taken up. With the above directions, the writ petition is ordered. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To The Commissioner, Directorate of Technical Education, Guindy, Chennai – 25 +One cc to The SPl. Govt. Pleader, SR.No.14816 +One cc to Mr.B.Saravanan, Advocate, SR.No.14448 +One CC to M/s.K.Sridhar Associates, Advocate, SR.No.14401 srm rl/5c – 23.5.2011 Order made in W.P.(MD)No.3494 of 2011 20.04.2011 https://hcservices.ecourts.gov.in/hcservices/