Reappointment of IIT Madras Director Set aside by Madra HC

The Madras High Court set aside the re-appointment of Indian Institute of Technology-Madras (IIT-M) Director M S Anand.

Justice K Chandru set aside the re-appointment of Mr Anand for a second term, allowing a writ of quo warranto in what capacity Mr Anand was continuing as Director of IIT, filed by an engineer and alumnus of IIT-M, Mr K Venkatesan.

The judge held that the re-appointment of Mr Anand for a tenure had to be set aside as the principle of superannuation does not apply in this case.

‘Tenure means, a term, during which office is held once a person is appointed for a post. The appointment to the said post begins when he joins and comes to an end on completion of tenure, unless untouched on justifiable grounds. Such a person does not perannuate’
, the judge said.

In the case of Mr Anand, he went out of office on completion of tenure. Hence the court set aside his re-appointment, the judge said and appreciated the petitioner for correctly contending that the
‘post had been kept warmed up for Mr Anand to occupy’.

Mr Anand must have had prior intimation about his selection for a second term, which could be seen from the purchase of stamp paper much in advance to enter into an agreement, the Judge observed.

Justice K Chandru also directed Mr Anand to pay the petitioner a sum of Rs 5,000 towards cost of the petition.

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