The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy on allowing the short issue of propriety raised by the State through Advocate-General Vijay Narayan, said: “It is elementary that the cause that was sought to be espoused by the original writ petitioner (Manithanigai Kumar) was personal to the added petitioner (Surappa). Since such cause pertained to the service of the added petitioner, the original writ petitioner could never have brought the action or maintained it.”
“Accordingly, since the petition could not have been maintained by the original writ petitioner at the outset, the present proceedings are closed with the liberty to the Vice-Chancellor concerned, to assail the process initiated by the State under the law, ” the bench said.
However, the bench also held that this order may not have any negative impact in the future proceedings that may be carried by the VC to any appropriate forum.
The State had contended that a third party cannot espouse the cause of the Vice-Chancellor about his service while the Vice-Chancellor made a fervent plea that he be allowed to continue as the second petitioner as the issue concerns him.