JUDGMENT – A NOTE FROM A NOVICE !

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I am in no way a specialist in legal matters! So, I am not sure how efficient I would be in explaining the legal intricacies of our case in the High Court. However I was ‘tutored’ by Prof. Anbunathan (one who was liaising between Principal Chinnaraj and our counsels; because of his thoroughness in the legal matters we have started calling him as our சட்டநாதன்!) just to the level that I am able to explain the outlines and outcome of our cases in the court of Justice Nagamuthu.

There were 3 writ petitions. Justice Nallamuthu bunched all these cases and conducted his enquiries. There were lengthy arguments. On the last day of the arguments our people who had the ‘guts’ alone attended the court proceedings. (for instance, I refrained from attending the court after a few times. The tension during the whole period in the court hall was too much for many of us – even affecting us physically…) . Such of those who attended the arguments on that last day felt that the morning session was not so favourable to us; and the sms they sent then made us in the campus feel jittery. But in the afternoon session our counsel Mr. Mohan Lal was reigning supremacy and it was out and out his (our) day. With this happy note we all expected the judgment would be favourable for us and it will also come sooner. But Justice Nagamuthu did not come out with his judgment sooner as we expected. Now we know that he had taken good time giving his utmost attention to all the aspects of the cases.


WRIT PETITION No.: 7844

Bishop is the petitioner with the plea to quash the DCE’s order. (DCE’s order was in our favour. It stated that Dr.TCJ was the principal. We have to keep in mind that even before the DCE's order Dr. TCJ was administering the college peacefully as the Principal & Secretary).
His further plea was to uphold the decision of the GC convened by him dismissing Dr. TC.J.

This writ was dismissed out rightly on the basis of NON-MAINTAINABILITY. This means, to my understanding, bishop does not have the locus standi to even plead so.


WRIT PETITION No.: 9760
(Fearing that Court may reject Bishop's writ on the basis of NON-MAINTAINABILITY, the bishop's group file the very same petition in the name of George Selvakumar)

Dr. George Selvakumar is the petitioner with the plea to quash the DCE’s order and to uphold the decision of the D.C. convened by him dismissing Dr. TC.J. -- i.e. the very same plea of the bishop. So this writ also met the same fate of the previous one – outright dismissal on non-maintainability.(George Selvakumar a suspended employee since 12th April 2008, his tenure as Vice Principal expired on 31st May 2008. He never was Principal & Secretary on official records).

It may be noted that during the earlier arguments of this case, the Hon’ble Judge asked how two cases with the same plea from two different people were foisted at the same time and represented by the same lawyer !!! It was found rather as a funny thing ! (This the bishop's group wantedly did to complicate the issue and prolong the case)

The above two dismissals just were on the ground that the GC convened by the petitioners were not legal & completely biased and so they cannot ask for upholding the decisions of such a GC meeting. Hence Judge Nagamuthu dismissed the decision of the GC convened by bishop dismissing Dr. TC.J.
On that basis the GC convened by Dr.TC.J. on 28th Aug is maintainable till the question of the authenticity of the GC is resolved in the lower court . Till then Dr. Anbudurai, who was made the vice-principal on that 28th GC meeting has to be the principal-in-charge.


WRIT PETITION No.:9401

Petition on the order of the bishop dismissing Dr. TC.J.

Since the validity of the GC convened by the bishop is sub-judice this petition of the bishop was quashed.

However the Hon’ble Judge felt that a reputed institution cannot be for long in a hung stage. Normalcy has to be restored at the earliest for the welfare of the students. Since the claims and counter claims have to be resolved in the lower court some interim order has to be made. So the Hon’ble Judge took the report of the Women’s Commission as an authentic document and based his interim order on the basis of that.

Form the report of the commission, it is very clear that till 28th Aug (remember the unruly, unlawful entry of the bishop and his coterie with the assistance of the police – the lock breaking – lathi charge of the police – blade slashed by bishop’s bodyguards 0n 29th ……… ?) it was Dr.TCJ. who was the principal and TCJ handed over the charge to Dr. Anbudurai on 28th Aug 2008 when Justice Suguna gave an interim injunction to DCE's order. Commissioner of Police’s evidence was clear about the (illegal) entourage of bishop, large number of vehicles, numerous pastors and rowdy elements on the evening of 29th Aug 2008.

Based on these, the Hon’ble Judge has directed the CoP to see that both George Selvakumar and Thavamani Christober (son-in-law of the bishop) do not interfere in the affairs of the college. The bishop should not enter the college campus.

Dr. Anbudurai is to take the reins of the college administration both as the Principal and Secretary till the lower court resolves the genuineness of the GC.

The Regional Joint Director of Education (RJDCE) has to help Dr. Anbudurai to run the college smooth. RJDCE may get orders from the DCE in deciding matters pertaining to finance. Immediate payments for salary to all the college employees, electricity and such other matters will be expedited by Dr. P.R. Anbudurai.
The order also states that Dr. P.R.Anbudurai continues to be the Principal-in-charge since 29th August 2008. It implies that any decisions (manipulations) made by George Selvakumar as the (bogus) Principal & Secretary were totally not binding and also illegal.


The highlight of the verdict is the quote made by Justice Nagamuthu as a final touch to his judgement, recalling the last words of Jesus Christ:
"Peace I leave with you, my peace I give to you; not as the world gives do I give to you"
and Justice Nagamuthu further said:
"The court expresses its hope that all those involved in this litigation do possess the peace left by Lord Jesus so that the college can function smoothly and peacefully"

So far so good.

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*The GC claimed to be convened by the bishop did not get the sanction of the court.

*Bishop has been asked by the court to keep his hands off from the college.

* The GC claimed to be convened by George Selvakumar did not get the sanction of the court.

*The earlier positions held by both George Selvakumar and Davamanai Christober were relegated and they were asked to keep off from the affairs of college administration.

*Dr. Anbudurai was made as vice-principal in the 28th May 2008 GC meeting. This meeting was convened by Dr.TC.J and the decisions have been approved and upheld.



………………..These above will stand in good stead in our case in the lower court.

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Let me repeat what Dr.TCJ. said on the day of High Court judgment:

A MAJOR BATTLE HAS BEEN WON; BUT THE WAR IS NOT YET OVER.

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