IS IT REALLY THE "END" ???

http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/row-over-american-college-principal-ends/article4363843.ece

Row over American College principal ends

The Madras High Court Bench here on Wednesday held that there was no illegality, bias or unfairness in the appointment of M. Davamani Christober as Principal of the American College here through a secret ballot system in 2011 when he was a member and his father-in-law A. Christopher Asir (since dead) was chairman of the college’s governing council.

A Division Bench of Justice M. Jaichandren and Justice S. Nagamuthu passed the order while allowing a writ appeal filed by the governing council. The appellant had challenged an order passed by a single judge last year quashing the appointment of Mr. Christober on the ground of bias. The order was passed in a writ petition filed by S. David Amirtha Rajan, an aspirant to the post of principal.

Setting aside the single judge’s order, the Division Bench held that Mr. Rajan could not question the selection process after having participated in it with the knowledge of the other contender being a member of the governing council and also a son-in-law of the council’s chairman.

“It would not be open to him to raise the issue relating to bias after he had been left out of the race at the final stage,” the Bench said.

Writing the judgement for the Bench, Mr. Justice Jaichandren also said that it was not in dispute that the American College was a government aided minority institution possessing the right to administer its own affairs as guaranteed under Article 30 of the Constitution.

It had the right to adopt a reasonable method to select the right candidate for the post of principal.

“Therefore, the final selection of the candidate for the post of principal by way of voting through a secret ballot cannot be said to be arbitrary or illegal even if it is found to unusual to some extent. Once it is found that the candidates who had been shortlisted for the final selection possess the basic qualifications, it is for the governing council to formulate its own reasonable method to take the final call,” the Bench added.

Mr. Rajan had raised another contention that Mr. Christober possessed a doctorate in Education and it was not a valid qualification for holding the post of principal as per the University Grant Commission Regulations issued in 2010.

Replying to it, the judges said that the validity of the qualification could be decided by Madurai Kamaraj University in consultation with the UGC within three months.

Until then, Mr. Christober must be allowed to function as the principal as per an appointment order passed in his favour on October 28, 2011.

A REUNION OF ALUMNI - PRECEDED BY A VILY DRAMA

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It was a reunion of 1976-'79 zoology students on 5th January, 2013 in the Binghamton Hall

Alumni from all places met after their graduation. For many it was the first time that they meet their classmates. There was even problems of identifying their own old friends, since there was lot of 'addition and deletion', addition as growth on all sides of their bodies and deletion of those youthful faces topped with bushy hairs, style of those days! The old boyish pranks and mischief showed up again. Nice time. We, the staff, also felt so happy and pride since many among the class had achieved so much in their academic, professional and social status.

A  VILE DRAMA - To attend this above reunion I came to the campus at 10 am. I was coming in my two wheeler. I found a familiar car  near the parking area and there was some commotion. I know it was the car of Prof. A.Winfred, my former H.O.D. To my great dismay I found his car was stopped by two non-teaching staff, an electrician and a watch man.  They have stopped the car going to Binghamton Hall for the function and insisted that the car should be stopped at the parking lot, though all other cars and two wheelers were plying in all directions then in the campus. They wanted Prof. Winfred, the man in his early eighties, to walk the distance.  Though Prof. Winfred said that he would go to Binghamton Hall in the car and would immediately return the car to the parking lot he was brutally denied by those two without any sign of decency and respect..

When I saw this brutal denial of any respect to a senior professor in the campus I stopped and insisted that he should be immediately allowed to go in his car. No respect was given to both of us. Two more non-teaching faculty joined the earlier two and made a big crowd pulling show there, not heeding to any arguments. Then came another faculty whom I stopped and he made way to the car.

I don't know whether it was a momentous reaction of the two or a pre-planned insult to Prof. Winfred by some. Is it because Prof. Winfred is a GC member of Dr. Anbudurai.

The utter disrespect some have for a former senior faculty is highly deplorable and it just shows indecency percolates from the top to the lowest cadre.

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A WORD FROM Dr. BERLIN AND A TINY INFO ...

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Hi Sam,

Hope this note finds you and members of your family in good health and holiday cheer.

You have been silent for a while and I do not presume "No news is good news." As long as the evil forces are holding the fate of our Alma mater, it is not good news. Let us hope for the best. As poet Shelley said, "If Winter comes, is Spring far behind?"


Wish you all a Very Happy, Healthy, and Hopeful 2013.
George Berlin


Sir, 

Present no news is not a  good news. Nevertheless there is one small piece of info which may 'kindly' be taken as good news! 

In one of the legal cases ( a case of Dr. David  vs  Christober - alleging that selection of principal was done not in a right way ) against Christober, sil of the former bishop, Dr. Anbudurai's implead has been accepted. Our counselor's plea was that the judgment in this case should not have any say on the validity of the two governing councils. A small piece of solace. We have to wait for the cases in lower court to go faster and come out with a better and right judgment.  Of course ...our wait is too long ........ Hope and wish 2013 becomes a SUCCESSFUL year for our college.

Let me join with Dr. Berlin to wish you ALL A VERY HAPPY NEW YEAR.

........... Sam

CHRISTOBER'S ATTEMPT FOR STAYING EARLIER ORDER

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http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/judges-recuse-from-hearing-american-college-case/article4104435.ece

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Judges recuse from hearing American College case

Special Correspondent

Two judges of the Madras High Court Bench here on Friday recused from hearing a writ appeal filed by M. Dhavamani Christober against an order passed by a single judge on October 15 quashing his appointment as principal of The American College here.

A Division Bench comprising Justice K. N. Basha and Justice T. Raja directed the High Court Registry to post the matter before some other Division Bench after stating that one of them had received an anonymous telegram with regard to the case.

Later in the day, the case was listed for hearing before a Division Bench comprising Justice M. Jaichandren and Justice S. Nagamuthu who adjourned it to Wednesday after refusing to pass interim orders staying the operation of the single judge’s order.

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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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AN OPEN LETTER TO THE MODERATOR

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Some portions of the letter were left out in the earlier post.
This is the complete copy of the open letter.

01.11.2012

An Open Letter to the Moderator of the Syn of the CSI & Syn Nominee on the Governing Council of the American College,  & Chairperson of the Selection Committee for the Appointment of the Principal appointed in 2011, now quashed by the Madras High Court Bench, in Madurai

From 
The Madurai Chapter of the Prophetic Forum,

as from 31 Srinivasa Avenue,

P.&T Nagar,

Madurai 624017                                       

Sir, 

   

Knowing full well that you are determined to stay on course resorting to fraud and manipulation, as Christians motivated by our Lord's parable of the Importunate Widow and the Unjust Judge who neither feared God nor cared for people,  we have decided yet once more to write to you to call you to repent.

   In as much as you were the Chairperson of the Selection Committee which declared that among the 7 candidates interviewed Mr. Christopher Davamani was found to be the best and most suitable candidate to be the Principal of the American College at the very outset we would like to ask you "Are you not ashamed that the High Court Bench in Madurai has ordered the appointment and the approval granted by the University to be quashed through a common order?" And, do you not feel guilty for having Discredited God's Name so badly?

   The grounds on which the order has been passed calls into question the very credibility of the Church as a whole.  We cite below just a few of the very damaging comments passed by the honourable judge, 

    He has observed that the marks obtained by the two candidates in the written examinations they passed were not at all taken into consideration.  The reason for this cover up is obvious as we present below the tabulated comparison as recorded in the order:

The comparative statement of educational qualification and professional experience with accomplishments between petitioner and respondent No.8, reads as under:

S.No	Description of Items	Writ Petitioner	Dr.M.Dhavamani Christophe  (8th respondent)
1	Educational Qualification
a	S.S.L.C.	72%	61.8%
b	PUC/HSc	67.5% with 200/200 in Maths	55.42% (Attempt)
c	UG	65.0% (B.Com)	56.95% (BSC) Attempt in several papers
d	PG	60% (M.Com)	67.93 (Msc.) (Attempt in several papers)
e	M.Phil	63% Commerce	67.83% (Maths)
f	Ph.D	Commerce "Highly commended"	Does not hold PhD in Maths
g	Other Additional Educational qualifications	B.L., M.L, M.B.A.,  .C.A., BCS.,	B.Ed., M.Ed., Ph.D (Education)
II Recognised Teaching experience
	Total PG + UG	25 years and 8 month	15 years and 1 months
III	Total Research Experience
	Guiding of research at Ph D and M.Phil levels	13 years 3 months	Nil
IV	Publications
a	International	14	Nil
b	National	17	Nil
c	Total	31	Nil
V	Books/Proceedings edited
a	Book	1	Nil
b	Member, Editorial Board	Journal  of Development   and Social Change, Mysore	Nil
c	Executive Editor	International Journal of Educational Research, Development and Extension,   Center for Educational Research, MKU, ISSN 0974-889X
VI	Papers Presented
a	State Level Workshop	16	Information not available
b	National Level	49	Information not available
c	Internationals	18	Information not available
VII	Guiding of Research
a	M.Phil Thesis	20 Completed	Nil
b	PH D Thesis	10  awarded 2 submitted, awaiting award 9 working	Nil
VIII	Administration
a	Dean,   College   Development council, Madurai     Kamaraj University    (on deputation from August 2007 to August 2011)	4 years	Has acted only as Bursar, he American College, Madurai for 5 years. No experience in higher level educational administration, not even as head of the department in the college
b	Director I/C, Center for educational research (July] 2008 to January 2011)	2 years 6 months
c	Secretary, University   Public: School (August 2007 to 2011)	4 years
d	Head, Postgraduate Department of Commerce, The American College: Madurai (2002-2007)   again from 20.08.2011 till date	5 years	Nil

The following remarks of the Honourable Judge in summary form are noteworthy

1.  It was proved that that the marks of the written examinations were not before the Committee (you, sir, were in the Chair)

2.   The Candidate himself was party to the selection of the Selection Committee by the Governing Council.  And so he had influenced the selection both on account of him being a member of the Governing Council and being the son-in-law of the Bishop who was the Chairperson of the Governing Council.

3.  Therefore the appointment deserves to be set aside on the principle that no man can be judge in his own cause.

4.  The selection process, therefore, can be safely said to be totally arbitrary, thus violative of Article 14 of the Constitution of India.

   Sir,  you have spoken of the bishops of the CSI as Men chosen by God.  You have also declared yourself to be called by God to the high office of Moderator.  Our memories are not short as we remember exactly how you went about securing votes for you and your team mates.

   We are confident that your memory too would not have faded so soon.  In order to gain votes of the DM & R candidates for you and your team mates at the Synod held ten months ago, last year you struck a deal with the then bishop of the Diocese since deceased, late Christopher Asir and play acted being Chair of the Selection Committee to declare Mr.Christopher Davamani as the best of the seven candidates to be made Principal of the American College.   The Madras High Court Bench has struck this selection down, and has also quashed the approval granted by the University.   This is no news to you but we want to remind you of the shady deal which made you declare the least suited man to be the best just for the sake of the votes to establish God's call to you to be the Moderator!

     In former days when a severe well reasoned indictment is made against any leader of the people,  the leader resigned admitting that he had brought discredit to his office by indulging in wrong doing  with vested interests.  Can we expect any such response from a person who claiming to have been chosen by God has defamed God's Name beyond measure?

   But if you stay on in office in spite of having been proved to have played along with a manipulative scheme just for your own advantage, can we at least see a change in which you do things hereafter?

    The courts are yet to decide which is the proper Governing Council.  But you have participated in the illegitimate council meetings from Feb 2010 onwards as the Nominee of the Synod.   You were warned about this through telegram and letter but you chose to ignore them. It was in this capacity sitting as Synod Nominee on an illegitimate body that you acted as Chair of the selection process.

  Since becoming your own commissary and assuming all the powers of the bishop of the DM&R you have gone ahead and convened the illegitimate College Council and have pressurized the members of the College Community who were opposed to the Diocesan bid to take over the College to sign a memorandum of understanding, the retired principal playing turncoat, trying to grab power of some kind under the presumption that the College is now an institution of the Diocese.  That is, you continue to indulge in wrong doing irrespective of whether you bring credit or discredit to God's Name.  That consideration does not seem to weigh with you at all.  

    Anyway, as stated at the outset, we like the Importunate Widow of our Lord's parable are knocking at your door for justice to the 133 yr old institution which has served the vision of the founders until forces of power grabbing for personal gain gained control over the institution.

   We shall go on praying for you, the Synod of the CSI and the American College...

By the grace of God our prayers are already answered through fair judgments at the courts of law.  We do hope that the representatives of the Heavenly Court on earth also will follow suit,

Thus,

1. Advocate Sathiamoorthy

2.Prof Samuel Lawrence

3. Rev. Dhyanchand Carr

PS

Those who desire a copy of the full order which runs to 33 pages may ask for one to the address given above with sufficient postage.