Madras High Court
The Secretary vs The State Of Tamil Nadu on 26 July, 2021
W.P(MD)No.7808 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.7808 of 2019
and W.M.P.(MD)No.6198 of 2019
The Secretary,
Arul Anandar College (Autonomous)
Karumathur, Madurai – 625 514. ... Petitioner
vs.
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of Higher Education,
Fort St. George, Chennai – 600 009.
2.The Director of Collegiate Education,
College Road, Chennai – 600 006.
3.The Joint Director of Collegiate Education,
Madurai Region, Madurai – 625 001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned proceedings issued by the third
respondent Joint Director in O.Mu.No.13230/Oo3/2018, dated
22.12.2018 (received on 07.01.2019), quash the same and further direct
the 3rd respondent Joint Director to approve forthwith the appointment of
four Assistant Professors (name list annexed) in the petitioner-college
and disburse the grant-in-aid towards their salary and allowances w.e.f.
the date of their appointment.
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1/10
W.P(MD)No.7808 of 2019
For Petitioner : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
For Respondents : Mr.P.Subbaraj,
Government Advocate.
ORDER
The petitioner has filed this Writ Petition challenging the
proceedings issued by the third respondent in O.Mu.No.
13230/Oo3/2018, dated 22.12.2018 (received on 07.01.2019) and for a
direction to the third respondent to approve forthwith the appointment of
four Assistant Professors in the petitioner-college and disburse the grant-
in-aid towards their salary and allowances with effect from the date of
their appointments.
2. According to the petitioner, the petitioner college is a recognized
Religious Minority Educational Institution affiliated to the respondent
Madurai Kamaraj University. There are 2994 students studying in the
aided sections of the college. There are 54 teaching staff and 22 non-
teaching staff in the aided sections. While so, totally four posts of
Assistant Professor fell vacant. The petitioner college filled the said four
posts with fully qualified Teachers on 18.06.2018 and 01.08.2018. The
Teachers, who had been serving in the college for a long time under the
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W.P(MD)No.7808 of 2019
Management, were given preference. All the appointments have been
made against the sanctioned posts. The incumbents appointed are fully
qualified for the respective posts. All the appointments are well within
the staff strength fixed by the second respondent in his proceeding dated
28.10.1999. Immediately, after the appointments, the petitioner college
submitted proposal to the Madurai Kamarj University, Madurai, for
getting 'Qualification Approval', vide letter dated 27.08.2018. The
University granted Qualification Approval to the said four Teachers, vide
proceedings dated 15.11.2018. Thereafter, for the purpose of
disbursement of grant-in-aid towards their salary, the petitioner-college
submitted proposal to the third respondent on 10.12.2018. The third
respondent, by his proceeding dated 22.12.2018, refused to approve the
appointment of the said four Teachers, stating that no prior permission
was obtained from the second respondent for filling up the vacancy.
Hence, the petitioner has come out with the present Writ Petition.
3. The learned counsel appearing for the petitioner relied on the
following judgments, in support of his submissions:
(i) 2012 (4) MLJ 918 [C.Manikandan Vs. State of Tamil Nadu,
Rep. By Secretary to Government, Department of Higher Education],
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W.P(MD)No.7808 of 2019
wherein this Court has held as follows:-
“19.Insofar as the other point with regard to the
requirement of prior permission before filling up the vacancy
is concerned, it is seen that the post of Waterman was
sanctioned by the second respondent through his proceedings
dated 27.05.1977 and the said post was not resumed are
withdrawn later. Therefore, when the petitioner was
appointed in the year 1996 by the 5th respondent-college to
the post of Waterman, the said post was very much available
with 5th respondent-college as a sanctioned post and
consequently, when the petitioner was appointed in a
sanctioned post by the 5th respondent- college there need not
be any prior permission from the respondents 1 to 3 before
filling up the said post. The same issue as to whether any
prior permission is required before filling up the post in a
sanctioned vacancy was considered by a learned Single
Judge of this Court in W.P.No.4960 and 14450 of 1997 dated
10.07.2007 (cited supra) and the learned single Judge has
held that once the appointment of the person in a sanctioned
post is made in accordance with law no prior permission
from the Directorate of Collegiate Education is required. The
said order of the learned Single Judge was appealed against
in W.A.No.92 and 93 of 2008 and the Hon'ble Division Bench
dismissed the Writ Appeals on 06.01.2010 by observing as
follows at paragraphs 3 and 4:-
"3.The learned single Judge has dealt with both the
above said Writ Petitions together and by following the decision
of this Court rendered in W.P.No.28396, dated 29.03.2006, the
learned Judge has categorically held that once appointment of a
person in a sanctioned post is made in accordance with law, no
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W.P(MD)No.7808 of 2019
prior permission from the Director or Collegiate Education is
required. While holding so, the learned Judge has quashed the
impugned proceedings, dated 28.02.1997 and directed the
appellants to approve the writ petitioner's (C.Karunakaran)
appointment from 2.7.1990 with all consequential service
benefits.
4.In view of the such a categoric conclusion of the
learned single Judge which was arrived by him by following the
earlier decision of this Court rendered in W.P.No.28396, dated
29.03.2006, we do not find any scope to interfere with the said
order, except to confirm the same."
(ii) 2013 (5) LW 514 [P.Ravichandran Vs. State of Tamil Nadu,
Rep. By Secretary to Government, Department of Higher Education],
wherein this Court has held as follows:-
“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,
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W.P(MD)No.7808 of 2019
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.”
4. Heard the learned counsel appearing for the petitioner, learned
Government Advocate appearing for the respondents and perused the
materials available on record carefully.
5. From the above materials available on record, it is seen that the
petitioner college is a Private Minority Aided college. Four vacancies
arose against the sanctioned teaching posts due to the retirement of
previous incumbents. The petitioner college appointed the following
persons in the said posts:
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W.P(MD)No.7808 of 2019
S.No. NAME & DEPARTMENT DATE OF
QUALIFICATION APPOINTMENT
1 Dr.C.A.S.Raj, PHYSICS 18.06.2018
M.Sc., M.Phil,
Ph.d.,
2 Fr.S.Jayaseelan, RURAL 18.06.2018
M.S.W., NET DEVELOPMENT
SCIENCE
(SOCIAL
SCIENCE)
3 Rev.Dr.A.Anto PHILOSOPHY 01.08.2018
Nelson, M.A.,
Ph.D.,
4 Rev.Dr.C.Lourdu PHILOSOPHY 01.08.2018
Xavier, M.A.,
Ph.D.,
After such appointments, the petitioner submitted proposal to the
Madurai Kamaraj University for getting “Qualification Approval”, vide
letter dated 27.08.2018, and the University granted Qualification
Approval, vide proceeding dated 15.11.2018. Thereafter, the petitioner
college submitted proposal for the purpose of disbursement of grant-in-
aid towards their salary to the third respondent. But, the third
respondent, by the impugned proceedings dated 22.12.2018, returned the
same on the ground that no prior permission was obtained for filling up
the vacancy from the second respondent. The two judgments relied on by
the learned counsel for the petitioner referred to above, makes it clear
that no prior permission is necessary for appointment made in a
sanctioned vacancy by the Private Aided Minority college.
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W.P(MD)No.7808 of 2019
6. In view of the above judgments, the impugned proceedings of
the third respondent dated 22.12.2018 is set aside and the third
respondent is directed to consider the proposal sent by the petitioner,
without insisting on prior permission for such appointments and approve
the appointments of the persons appointed, if they are otherwise qualified
to be appointed in the said posts, within a period of four weeks from the
date of receipt of a copy of this order.
7. With the above directions, this Writ Petition is allowed. No
costs. Consequently, connected miscellaneous petition is closed.
26.07.2021
Index : Yes / No
Internet : Yes / No
vsm
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.7808 of 2019
To
1.The Secretary,
State of Tamil Nadu,
Department of Higher Education,
Fort St. George, Chennai – 600 009.
2.The Director of Collegiate Education,
College Road, Chennai – 600 006.
3.The Joint Director of Collegiate Education,
Madurai Region, Madurai – 625 001.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.7808 of 2019
V.M.VELUMANI,J.
vsm
W.P(MD)No.7808 of 2019
and W.M.P.(MD)No.6198 of 2019
26.07.2021
https://www.mhc.tn.gov.in/judis/
