Dr.S. David Amirtha Rajan v. Dr. M. Dhavamani Christober

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023 CORAM : THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.A(MD)Nos.1047, 1046 and 986 of 2014 and W.P(MD)No.16836 and 13746 of 2014 and 22295 of 2021 and Connected miscellaneous petitions W.A(MD)No.1047 of 2014:- Dr.S.David Amirtha Rajan ... Appellant vs.

¶1Dr.M.Dhavamani Christober

¶2The Alagppa University, Alagappapuram, Karaikudi-630003 Rep by its Registrar I/C. ... Respondents PRAYER : Appeal filed under Clause 15 of Letters Patent, against the order passed in W.P(MD)No.13724 of 2012 dated

02.07.2014. For Appellant : Mr.E.V.N.Siva For R1 : Mr.M.E.Ilango For R2 : Mr.S.Srinivasa Raghavan for Mr.P.Muthuvel COMMON JUDGMENT (Judgment of the Court was made by R.SUBRAMANIAN, J.) The only issue involved in all these cases is whether the present incumbent namely, Dr.M.Dhavamani Christober, who is serving as the Principal of American College, Madurai, is qualified or not. His doctoral degree was in dispute. While he claims that it is inter-disciplinary doctorate consisting of Education and Mathematics, his detractors contended that it is only a doctorate in Education and it is not an inter-disciplinary degree. There were some interlineations in his applications for doctorate in Education and Mathematics. At the instance of this Court, an expert committee consisting of the former Vice Chancellor of Gandhigram Rural Institute (Deemed University), Head of the Department of Education and Technology, Bharathidasan University and a Syndicate Member of Alagappa University was constituted.

¶2The expert committee went into the issue and it found that the claim that there had been certain corrections or insertions in the document and the idea of inter-disciplinary degree cropped up in the middle was discounted and the committee came to the conclusion that there is no such interlineations or insertions in the applications or the records. The Committee finally concluded as follows:- ''7. The Committee could not apparently see any insertions in the documents of the relevant file and the idea of interdisciplinary did not seem to have cropped up in the middle, since the candidate has already mentioned in the original application itself.

¶8So, procedurally and administratively, the whole process pertaining to this Ph.D is in order and the award of the Ph.D degree under interdisciplinary category is totally as per norms and statutes of Alagappa University.''

¶3In view of the said categorical finding, though Mr.Raghavachari, learned counsel appearing for one of the petitioners would urge us to hear him on the question of qualification, we do not think we can do so, as we do not possess the expertise to decide on the question. A committee, consisting of experts in the field, has come to a specific conclusion and we accept the same. Once the committee's report is accepted, all the cases which are based on theclaim that Dr.M.Dhavamani Christober is not qualified will have to necessarily be closed.

¶4W.P(MD)No.13746 of 2014, W.A(MD)Nos.1046 and 1047 of 2014 are dismissed. W.A(MD)No.986 of 2014 filed by Mr.M.Dhavamani Christober will stand allowed. W.P(MD)No.16836 of 2014 will also stand allowed. W.P(MD)No.22295 of 2021 will stand dismissed. No costs. Connected miscellaneous petitions are closed.

(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.)

16.06.2023 Index : Yes / No Internet : Yes bala

To The Registrar I/C, Alagppa University, Alagappapuram, Karaikudi-630003.

R.SUBRAMANIAN

, J.

and L.VICTORIA GOWRI

, J.

bala COMMON JUDGMENT MADE IN W.A(MD)Nos.1047, 1046 & 986 of 2014 and W.P(MD)No.16836 & 13746 of 2014 and 22295 of 2021 DATED : 16.06.2023