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Dr. Janet Jeyapaul v. SRM University & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 14553 of 2015)Decided 15 Dec 2015
Civil Appeal No. 14553 of 2015
Justice J. Chelameswar · Justice Abhay Manohar Sapre

Background

This order sends the case back; it does not decide the dispute. A senior lecturer at SRM University, who argued her case in person, was served with a show-cause notice and later a notice of termination. A Single Judge of the Madras High Court quashed the termination and ordered reinstatement, but the Division Bench held that the university was not amenable to writ jurisdiction.

Decision Breakdown

This is not a final decision on the dispute. The Court held that SRM, as a deemed university performing a public function, is an authority under Article 12 and is amenable to writ jurisdiction under Article 226. It rejected the argument that she should be sent to the tribunal under T.M.A. Pai. It sent the matter back to the Division Bench to decide the appeal on the merits, and recorded that it had not examined the merits of her grievance.

Lesson Learnt

There is no final ruling yet on the termination itself. A deemed university performing a public function can be challenged by writ petition in the High Court.

Official source (sci.gov.in)View Judgment (PDF)

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