IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.07.2011 CORAM: THE HON'BLE MR.JUSTICE K.CHANDRU W.P.NOs.16050 to 16052 of 2011 and M.P.NOs.1 & 2 of 2011 Dr.N.Dharmaraj ...Petitioner in W.P.No.16050/11 Dr.P.Manju Pushpa ...Petitioner in W.P.No.16051/11 Dr.E.Chandra ...Petitioner in W.P.No.16052/11 Vs. 1.The State of Tamil Nadu rep. by its Principal Secretary to Government Higher Education (H2)Department Secretariat Chennai-9. 2.The Registrar, Bharathiyar University, Coimbatore 641 046 ..Respondents in all W.Ps. Petitions filed under Section 226 of the Constitution of India praying for the issue of Writ of Certiorarified mandamus calling for the records pertaining to the proceedings of the 1st respondent in Letter No.3122/H2/2011-13 dated 10.06.2011 and quash the same and consequently direct the 2nd respondent to complete the recruitment process made in pursuance to the advertisement dated 09.09.2010 within a time frame to be fixed by this Court. For Petitioner :Mr.V.Srikanth For Respondents:Mr.E.Sampath Kumar Special Government Pleader ----- O R D E R In these three writ petitions, the petitioners are applicant to various posts, pursuant to the advertisement issued by the second respondent University dated 09-09-2010. The selection process is yet to be completed. In the meanwhile, the State Government by the impugned communication dated 10.06.2011 called for original files relating to the appointments made in the https://hcservices.ecourts.gov.in/hcservices/ University to Government along with the remarks regarding the complaints made by some third persons. In the meanwhile, the University was directed not to take any action for recruitment or grant promotion and the process should be kept in abeyance and in the subject column of the letter, it is stated that the Government has received complaints from various quarters and therefore the information is required. 2. The contention of the petitioners was that they are in the association functioning in the University and they are responsible for the affairs at their instance and the Government cannot act and stall the selection process. It is also brought to the notice of this Court that another association has filed writ petitions before this Court being W.P.No.23317 of 2010 and W.P.No.4698 of 2011 and this Court by order dated 07.06.2011 dismissed both the writ petitions and removed the embargo from stalling the selection process and therefore it was contended by the learned counsel for the petitioner that once this Court has cleared the hurdle, on the basis of some insubstantial complaint the selection process cannot be stalled and the impugned order dated 10.06.2011 is liable to be set aside with a direction to proceed with the selection process. 3. The contentions of the learned counsel for the petitioners are thoroughly misconceived. In the present cases, the petitioners are not concerned with the impugned communication and the matter is entirely between the State Government and the Bharathiar University. Section 52 of the Bharathiyar University Act 1981 provides for power to the Government to call for any materials relating to the affairs of the University. Section 52 of the said Act reads as follows: "52.Power to obtain information: Notwithstanding anything contained in this Act or any other law for the time being in force, the Government may, by order in writing, call for any information from the University on any matter relating to the affairs of the University and the University shall, if such information is available with it, furnish the Government with such information within the reasonable period. Provided that in the case of information which the University considers confidential, the University may place the same before (the Chancellor and the Pro- Chancellor)" 4. When the State Government has exercised its statutory power and called for information from the University, it is not clear as to how the petitioners can prevent the University from furnishing any information. The communication, which, is challenged has nothing to do with the petitioners or their appointments, as the case may be, and it is for the University to comply with the https://hcservices.ecourts.gov.in/hcservices/ direction issued by the State Government. The delay in completing the selection process cannot be a ground for urging this Court to give a direction, contrary to the powers exercised by the State Government. The writ petitions are thoroughly misconceived and the same are dismissed. No costs. Consequently, connected M.Ps. are closed. VJY Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Principal Secretary to Government Higher Education (H2)Department Secretariate, Chennai-9. 2.The Registrar, Bharathiyar University, Coimbatore 641 046 + 3 ccs to Mr. V Srikanth, Advocate SR No.39414, 39415, 39413 TEJ(CO) SR/21.7.2011 W.P.NOs.16050 to 16052 of 2011 and M.P.NOs.1 & 2 of 2011 https://hcservices.ecourts.gov.in/hcservices/