COMPLAINT TO DVAC

Sir,
We, the undersigned Dr.J.John Sekar and Mr.S.Suriyakumar, are elected members of the Governing Council of the American College who have statutory obligations under the Constitution and the Bye-laws of the college in managing the college as per its objectives and within the confines of laws which are in force. We lodge this complaint on the basis of certain of the developments in the college in recent times.

The American College is a minority college and is governed by its own Constitution and Bye-laws. It is a Registered Society bearing the registration No.1/1934. The college is affiliated to Madurai Kamaraj University and receives grant-in-aid from the Government of Tamilnadu. As much as the college has certain statutory obligations to discharge, the Director of Collegiate Education also has such obligations under the existing laws and statutes.

1. The problem started with Dr.T.Chinnaraj Joseph Jaikumar, Principal and Secretary of the American College who was to go on superannuation on 30-11-2010 applied for approval of his extension on re-employment as Principal till 31-05-2011 which is a legal right conferred under relevant GO’s of Tamilnadu Government. This proposal was forwarded to the Director of Collegiate Education, Chennai, on 01-11-2010 by Dr.T.Chinnaraj Joseph Jaikumar in his capacity as Secretary of the College. As Dr.T.Chinnaraj Joseph Jaikumar held both the portfolios as Principal and Secretary he forwarded the proposal for re-employment as Principal in his capacity as Secretary. He also fulfilled all the conditions for re-employment which at no point was questioned by anybody.
2. On 19-11-2010 the Director of Collegiate Education, Chennai, Dr.Uma Rani faxed a message asking Dr.T.Chinnaraj Joseph Jaikumar to forward the proposal through Rev.Christopher Asir, Bishop of Madurai & Ramnad Diocese who is the President of the Council. As this was unusual and there was no basis for doing so under the Constitution and Bye-laws of the college, Dr.T.Chinnaraj Joseph Jaikumar, Principal and Secretary wrote to Dr.Uma Rani, Director of Collegiate Education, Chennai clarifying the matter. In that letter he also reminded her of the earlier controversies created by Bishop Asir during 2008-2009 and how the matter was settled in the Madurai Bench of Madras High Court after about 16 months of struggle. He stated that the Director of Collegiate Education, Chennai, was also party to all the cases, in the writ petitions and writ appeals. (W.P.(MD) Nos.9401, 7844 & 9760 of 2008 and W.A.(MD) Nos. 790,796 and 797 of 2008 and 12 and 312 of 2009). The Director of Collegiate Education should not have raised that issue as both the single judge and the Division Bench had categorically ruled that the Bishop cannot represent the Governing Council in any manner, both administrative and legal. It was also reported to her that it was the Governing Council who is the employer of the Principal. Since the Bishop with the help of outsiders had obtained the stay against the convening of the Governing Council of the American College, the Principal as the legal representative of the Council, and as the Official Correspondent of the college and as the Registered Secretary with the Director of Collegiate Education under the Private Colleges Regulations Act exercised the only one option available to him in forwarding his own proposal for re-employment as Principal.
3. However, with ulterior motive Dr.Uma Rani, Director of Collegiate Education instead of acknowledging or replying to the letter of the Principal and Secretary Dr.T.Chinnaraj Joseph Jaikumar, dated 19-11-2010, kept her decision on approval pending till the day of his superannuation on 30-11-2010 and faxed a message at 7:45 p.m. refusing approval and surprisingly assigning a new reason now. She stated that the proposal was not sent through the Governing Council itself. This is not only mischievous but also irresponsible to the extent to deliberately destabilize the administration and pave the way for Bishop to intervene.
4. On the very next day Dr.T.Chinnaraj Joseph Jaikumar moved the court and two of his writ petitions were admitted. As the miscellaneous petitions were not admitted Dr.T.Chinnaraj Joseph Jaikumar handed over the charges to the Vice-Principal Dr.P.R.Anbudurai as per the Constitution and the Bye-laws of the college. (IV.b(a) In the absence or inability of the Principal, the Vice-Principal shall perform the duties of the Principal.) In the meantime the Bishop mischievously issued a letter, as he did in 2008, in an attempt to take over the college, to one Dr.R.Mohan, Head of the Department of Economics, to assume charge as Principal from Dr.T.Chinnaraj Joseph Jaikumar. This is an illegal attempt to take over.
5. All the records pertaining to handing over charges from Dr.T.Chinnaraj Joseph Jaikumar to Dr.P.R.Anbudurai had been duly filed with the Joint Director of Collegiate Education, Madurai Region and Director of Collegiate Education, Chennai, from 02-12-2010 onwards. These papers not only fulfilled the obligations under the Constitution and Bye-laws of the college but also the statutory requirements of the Private College Regulations Act which included the filing of the Form-6 under sub-rule 2 Rule 9 of the Tamilnadu Private College Regulations Rules 1976, after duly getting the approval of the Governing Council of the American College in its meeting held on 06-12-2010.
6. The Joint Director of Collegiate Education, Dr.Chandraskar and Director of Collegiate Education Dr.Uma Rani instead of taking them on records and giving necessary approvals for Dr.P.R.Anbudurai, entered into a conspiracy with the Bishop and entertained a blatantly illegal letter of the Bishop. While they did not even acknowledge Dr.P.R.Anbudurai’s letter, with questionable haste and in a surreptitious manner sent a letter of approval and deliberately leaked it to Bishop Asir who is not the official Correspondent. (While it took 30 days and on Dr.T.Chinnaraj Joseph Jaikumar’s re-employment proposal) She did not even bother to mark a copy of the questionable letter to the Secretary of the college whose Registered Office functions from the office of the Principal, the American College which is on the statutory records of the Director of Collegiate Education. Such a communication to the Secretary is also a statutory obligation. When Dr. Uma Rani wanted even Dr. T. Chinnaraj Joseph Jaikumar the incumbent Secretary to send his re-employment approval proposal through the Governing Council which was stayed till 24.11.2010, she deliberately entertained an outsider to administration Mr. R. Mohan illegally nominated by Bishop Asir. First, the Bishop has no power to nominate Mr. Mohan. Second, as in the case of Dr. T. Chinnaraj Joseph Jaikumar’s proposal, she should have asked the Bishop however dubious his attempt be, should have asked the Bishop also to route Mr. R. Mohan’s appointment also through the Governing Council. This special favour and double standard is clearly indicative of the deep-rooted conspiracy and abuse of office.
7. At the very face of overwhelming evidence that the Bishop is not the official Correspondent and suffered legal restraint from the order of the Division Bench of Madras High Court which Dr. T. Chinnaraj Joseph Jaikumar time and again emphasized. (Vide Order of the Single Judge in W.P.(MD) Nos. 9401, 7844 and 9760 of 2008 and by the order of the Division Bench in W.A.(MD) Nos. 790, 796 and 797 of 2008 & 12 and 312 of 2009 which orders can be placed before you on demand). Knowing fully well that the Bishop has absolutely no power to make any appointment much less a Principal, the Director of Collegiate Education has passed an order of approval on the basis of a letter given by the Bishop in flagrant violation of Acts, Rules, Constitution of the College and the Orders of the Hon’ble High Court Judges and the same amounts to abusing her official position with a view to favour the Bishop and such acts are seldom resorted by Public Servants except to gain pecuniary advantage and we firmly believe that the present illegality (the order of approval) has been committed for pecuniary advantages. Dr. Uma Rani in her capacity as the Director of Collegiate Education in deep conspiracy had colluded with the Bishop to give approval to the dubious letter of appointment of Dr.R.Mohan the nature of the which letter nobody knows. Such an illegality in our firm belief is done with pecuniary considerations. Other than Dr.Uma Rani, there are other officials involved in the decision making process both at the Directorate at Chennai and at the Joint Director office at Madurai are also involved. In our understanding it is Bishop Asir, his son-in-law, Davamani Christober who is working in the college, and Bishop’s son Jeba are believed to have been involved in this underhand deal paying huge amount of money and obtaining an illegal order from Dr.Uma Rani.

We request you in the public interest and in order to uphold the integrity and the autonomy of the college, to order a probe and bring the culprits to the book under the necessary provisions and penal laws in force.

Dr. John Sekar


Mr.S.Suriyakumar


Copy to:
1. Director General of Police, V & AC, Chennai
2. The Director of Collegiate Education, Chennai
3. The Joint Director of Collegiate Education, Madurai
4. The Secretary, Higher Education, Government of Tamil Nadu, Secretariat, Chennai 600 009
Registrar of Societies (Administration), Madurai – North, Rathinasamy Nadar Street, Bibikulam, Madurai 625 002 The file