Updated on: Monday, August 29, 2011
The Madras High Court dismissed a petition challenging appointment of Dr P Vijayan as Vice Chancellor of the Indian Maritime University, here, on the ground that the petitioner had not made out any case.
'In the absence of any statutory disqualification the writ in nature of a quo-warranto can not be issued', Justice K Chandru held and dismissed the petition filed by D Ganesan, Tamil Nadu organiser of Revolutionary Students Youth Front against Vijayan's appointment as Vice-Chancellor of the central university.
On the allegation that Vijayan had accumulated disproportionate wealth, the Judge said whether Vijayan was involved in serious misdemeanor was entirely an issue which the Ministry of Shipping, Road Transport and Highways had to consider.
The Judge pointed out that the authorities concerned in a counter affidavit had stated that no report had been received from the investigating agency. On another contention by the petitioner that a panel of three names had not been sent to the President for consideration, Justice Chandru said there was no requirement of consituting a committee and sending a panel of three names.
The Judge said in view of the non-obstante clause contained under section 46 of the applicable rules, the petitioner can not press into service the recruitment rules which came into existence subsequent to the appointment of the Vice Chancellor by the ministry.