SC Commission’s proceedings against Madras University VC stayed

Chennai: The Madras high court has stayed all further proceedings pursuant to summons of the National Commission for Scheduled Castes which sought personal appearance of the vice-chancellor of Madras University for non-implementation of reservation policy in filling top posts in the university.

In a petition, the university Registrar, David Jawahar, submitted that T. Kalidas, general secretary, Madras University Dr Ambedkar SC/ST Employees Association, submitted a complaint to the Commission alleging that reservation policy was not followed in the appointment to higher posts, including Registrar, Assistant Registrar and in their promotions.

The Commission issued notices to vice-chancellor on July 2, 2014 and September 12, 2014. The Registrar informed the Commission about the steps taken by the University and resolution passed by Syndicate.

He said "two writ petitions regarding the appointment of Registrar were pending before the Madras high court. Hence, the issue is subjudice. The University had complied with all norms and rules pertaining to the reservation policy". Detailed replies were sent to the Commission. However, the Commission, overlooking the reply, issued summons dated July 14, 2015, requiring the personal appearance of the varsity VC. Fresh summons were issued later.

Petitioner's counsel, Naveenathakrishnan, contended that the Commission's notices were ultra vires and without jurisdiction. The Commission had no locus standi to issue notice when the matter was pending before court.

He sought quashing of the summons and prohibiting the Commission from investigating the issue. Justice M.M. Sundresh stayed proceedings relating to the notices issued by Commission. He ordered notice to the Commission and the association. The court posted the matter for further hearing after eight weeks.