CHRISTOBER STILL CLAIMS PRINCIPALSHIP

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One more case filed on Principal post issue

Mohamed Imranullah S.

Christober prefers appeal challenging a single judge order

An order passed by a single judge of the Madras High Court Bench here on October 15 quashing the appointment of M. Dhavamani Christober as principal of The American College here has been challenged before a Division Bench of the High Court by way of a writ appeal.

When the appeal came up for hearing on Thursday, the Division Bench comprising Justice K.N. Basha and Justice T. Raja adjourned the hearing to Friday as the documents produced on behalf of the appellant, Mr. Christober, were unreadable due to poor quality of photocopying.

The appeal was directed against the judgement passed by Justice Vinod Kumar Sharma who had not only quashed the appointment order issued by the president of the governing council of the college on October 28, 2011, but also an order passed by Madurai Kamaraj University (MKU) on June 26 this year approving Mr. Christober’s educational qualifications.

Disposing of two writ petitions filed by S. David Amritha Rajan, Head of the Postgraduate Department of Commerce in the college and also an aspirant to the post of Principal, the single judge had held the selection process of Mr. Christober, who was the son-in-law of the then president of the governing council, as arbitrary and in violation of Article 14 (right to equality) of the Constitution.

The judge was of the view that Mr. Christober’s appointment could not be sustained in law as he, in the capacity of the college’s Bursar, had participated along with his father-in-law in the governing council meeting held on December 10, 2010, for constituting a search committee for selecting a new principal pursuant to the retirement of T. Chinnaraj Joseph Jaikumar on November 30, 2010.

“The appointment of Mr. Christober, therefore, is not only arbitrary but also hit by the principles of natural justice as nobody can be a judge in his own cause,” the single judge had said.

He further said that the law that the State could not interfere with the administration of minority institutions would not take away the right of the court to review the selection process and ensure that fundamental rights of the candidates interviewed were not defeated.

The judge had also found fault with the Madurai Kamaraj University for approving Mr. Christober’s qualification on the basis of University Grants Commission Regulations framed in the year 2000 rather than those framed in 2010.

He refused to accept the explanation that the latest regulations were yet to be adopted through a resolution of the varsity’s syndicate. Mr. Sharma had said that the new regulations were not subject to adoption by the university. “The consideration of the case of Mr. Christober under regulation 2000, therefore, was outcome of non-application of mind,” the judge had said.

However, challenging the judgement before the Division Bench, Mr. Christober’s counsel contended that the single judge had quashed the appointment order without giving a finding as to whether the Ph.D. obtained by his client in Education (interdisciplinary with mathematics as one of the subjects) was a valid qualification to hold the post principal or not.

The counsel also claimed that Mr. Christober was still continuing to be the Principal and had not yet handed over charge to any other individual. Senior Counsel M. Ajmal Khan appearing for the governing council as well as its president too supported the claim. Nevertheless, Mr. Rajan’s counsel E.V.N. Siva refuted the claim and said that the Vice-Principal had already taken charge as per the by-laws applicable to the college.

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