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The Secretary Fatima College (Autonomous) Mary Land, Madurai and Another Vs. The State of Tamil Nadu Rep. By its Secretary Department of Higher Education, Chennai and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P (MD). Nos. 16728, 16740 & 16741 of 2016 & W.M.P (MD) Nos. 12157 & 12158, 12162 to 12164 of 2016
Judge
AppellantThe Secretary Fatima College (Autonomous) Mary Land, Madurai and Another
RespondentThe State of Tamil Nadu Rep. By its Secretary Department of Higher Education, Chennai and Others
Excerpt:
.....judgment dated 03.04.2013. thus, the issue regarding seeking prior permission for filling up the vacant post in aided college within the academic year was already settled in series of decisions and all the above said orders are implemented by the respondents 1 and 2. in such circumstances, it is not open to the respondents to again and again contend that only after getting prior permission from the director of collegiate education, vacant sanctioned posts can be filled up by the management. ..... 20. in the light of the above findings as well as the decisions, we conclude this judgment in the following manner: (1) there is no requirement under the tamil nadu private colleges (regulation) act, 1976 and tamil nadu private colleges(regulation) rules, 1976, to seek prior permission to fill.....
Judgment:

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF CERTIORARIFIED MANDAMUS to call for the records relating to the impugned proceeding issued by 3rd respondent/Joint Director in A. Thi. Mu. No.3583/004/2016, dated 00.04.2016, quash the same and further direct him to approve forthwith the appointment of P.Magdalene Virjini as Assistant professor in the Department of Home Science with Food Bio Technology in the petitioner's college and disburse the grant in aid towards her salary and allowances w.e.f. 17.06.2015.)

Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF CERTIORARIFIED MANDAMUS to call for the records relating to the impugned proceeding issued by 3rd respondent, Joint Director in A.Thi.Mu.No.0853/E1/2015 dated 23.03.2015, quash the same and further direct him to approve forthwith the appointment of 4 teaching staff, namely, Mr.C.Rajaathinam, Dr.Vasantha Arockia Selvi, Dr.A.Rajathi and Mrs.S.Shagila Banu in the petitioner's college and disburse the grant-in-aid towards their salary and allowances w.e.f. the respective dates of their appointment.

Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF Mandamus directing the 3rd respondent, Joint Director to approve forthwith the appointment of 3 teaching staff, namely, A.Francis Vijayakumar, Dr.M.Antony Arockiaraj, and Dr.R.Vijayakumar in the petitioners college and disburse the grant-in-aid towards their salary and allowances w.e.f. the respective dates of their appointments.)

Common Order:

1. Since the issue involved in all the Writ Petitions is one and the same, these writ petitions are taken up together and disposed of, by this common order.

2. Challenging the return of proposals of the petitioner's college, seeking to approve the appointments made by them in the teaching posts against the sanctioned vacancies, W.P(MD)Nos.16728 and 16740 of 2016 have been filed, to quash the impugned return, with a consequential direction to the respondents, to approve the proposals of the petitioner's college from the date of appointments made by the petitioners.

3. W.P(MD)No.16741 of 2016 has been filed by the Secretary of St.Joseph's College, Tiruchirapalli District, seeking for a direction to the 3rd respondent/Joint Director of Collegiate Education, Tiruchirapalli District, to approve the appointment of 3 teaching staff, namely, A.Francis Vijayakumar, Dr.M.Antony Arockiaraj, and Dr.R.Vijayakumar in the petitioner's college and to disburse the grant-in-aid towards their salaries and allowances, with effect from the respective dates of their appointments.

4. In W.P(MD)Nos.16728 and 16740 of 2016, approval has been rejected on the ground that prior permission should be obtained before filling up any sanctioned vacancy in a minority institution. W.P(MD)No.16741 of 2016 has been filed seeking to approve the proposal of the petitioner's college as stated above.

5. With regard to the legal position in respect of minority institutions, whether prior permission should be obtained before filling up any vacancy in a sanctioned post, the Honourable Division Bench of this Court, even three years ago, in P.Ravichandran v. State of Tamil Nadu and others reported in (2013) 7 MLJ 641, has settled the issue. It is relevant to extract paragraph Nos.17 and 20 of the above said judgment:-

17. A Division Bench of Madurai Bench of this Court in W.A(MD)No.462 of 2006, judgment, dated 01.12.2006, considered the scope of Rule 11(1) of the Tamil Nadu Private Colleges(Regulation) Rules, 1976 relying upon the earlier order passed on 13.08.2006, and held that for filling up an existing post in a Private Aided College, no prior approval is necessary as any such appointment shall be subsequently approved by the Department, and at that point of time the Department would have an opportunity to consider the availability of such post and rejection of approval on the ground that no prior approval was obtained before appointment, was set aside. Same is the view taken in the following orders of this Court .

(i) W.P.No.30618 of 2005, order dated 21.09.2005;

(ii) W.P.No.28396 of 2004, order dated 29.03.2006;

(iii) W.A.Nos.92 and 93 of 2008, judgment dated 06.01.2010;

(iv)W.P(MD)No.174 of 2009, order dated 27.04.2010;

(v) W.A.Nos.140, 811/2006 and 805/2007, judgment dt. 21.10.2010;

(vi)W.A.No.2858 of 2010, judgment dated 21.03.2011;

(vii) W.A(MD)Nos.1088 of 2011, judgment dated 19.10.2011;

(viii) W.A.Nos.2345 of 2011, judgment dated 05.03.2012;

(ix) Dr.S.Sukumaran v. State of Tamil Nadu, (2012) 5 MLJ 670 rendered by one of us (NPVJ); and

(x) W.A.No.474 of 2013, judgment dated 03.04.2013.

Thus, the issue regarding seeking prior permission for filling up the vacant post in aided College within the academic year was already settled in series of decisions and all the above said orders are implemented by the respondents 1 and 2. In such circumstances, it is not open to the respondents to again and again contend that only after getting prior permission from the Director of Collegiate Education, vacant sanctioned posts can be filled up by the management.

.....

20. In the light of the above findings as well as the decisions, we conclude this judgment in the following manner:

(1) There is no requirement under the Tamil Nadu Private Colleges (Regulation) Act, 1976 and Tamil Nadu Private Colleges(Regulation) Rules, 1976, to seek prior permission to fill up any vacant post in an aided college, which has already been sanctioned for the academic year by the Director of Collegiate Education under Rule 11(1) of the Rules.

(2) If the appointment made by the College Committee in the sanctioned vacant post is in violation of any of the statutory provision, it is open to the Regional Joint Director of Collegiate Education to deny grant-in-aid to the said person appointed in the vacant post.

(3) The teaching staff appointed must be fully qualified, whose qualification is approved by the University to which the college is affiliated. Insofar as the non-teaching staff are concerned, the candidate must possess the qualification prescribed by the Government.

(4) The College Committee while filling up the vacant post, should follow the procedures stated in Rule 11(1A) to 11(4)(ii).

(5) If there is no rival candidate for any post, the appointment is bound to be approved for the purpose of payment of pay and allowances, by the Regional Joint Director of Collegiate Education.

The writ appeal is disposed of with the above directions. No Costs.

6. A cursory reading of the aforementioned Honourable Division Bench judgment in (2013) 7 MLJ 641, clearly shows that the issue raised in the present Writ Petitions, is no longer res integra, because the Honourable Division Bench of this Court in the aforementioned judgment, has categorically made it clear that there is no requirement under the Tamil Nadu Private Colleges (Regulation) Act, 1976 and Tamil Nadu Private Colleges(Regulation) Rules, 1976, to seek prior permission to fill up any vacant post in an aided college, which has already been sanctioned for the academic year, by the Director of Collegiate Education under Rule 11(1) of the Rules. In the case on hand, the petitioners' colleges are Autonomous and partly aided by the Government.

7. Therefore, the issue raised in the present writ petitions having been settled by this Court, I have no hesitation to accept the prayer made by the petitioners.

8. In the result,

(i) All the Writ Petitions are allowed.

(ii) The impugned orders in W.P(MD)Nos.16728 and 16740 of 2016 are set aside.

(iii) The respective respondents are directed to approve the appointments of teaching staff made by the respective petitioners' colleges in these cases and to sanction grant, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, Connected Miscellaneous Petitions are closed.


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