Madras High Court
The Secretary vs The State Of Tamil Nadu on 26 July, 2021
W.P(MD)No.18285 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.18285 of 2019
and W.M.P.(MD)Nos.14720 & 14721 of 2019
The Secretary,
Holy Cross College (Autonomous)
Tiruchirappalli – 620 002,
Tiruchirappalli District. ... 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,
Tiruchirappalli Region,
Tiruchirappalli – 620 002. ... 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.0355/C3/2019, dated 29.07.2019,
quash the same and further direct the 3rd respondent Joint Director to
approve forthwith the appointment of 21 teaching staff (Name List
annexed) in the petitioner-college and disburse the grant-in-aid towards
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W.P(MD)No.18285 of 2019
their salary and allowances w.e.f. the respective date of their
appointment.
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.0355/C3/2019,
dated 29.07.2019 and for a direction to the third respondent to approve
forthwith the appointment of 21 teaching staff 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 Bharathidasan
University. There are 2137 students studying in the aided sections of the
college. There are 116 teaching staff and 61 non-teaching staff in the
aided sections. Out of 116 teaching posts under the aided scheme, 21
posts have fallen vacant due to the retirement of previous incumbents.
The petitioner college filled the said posts with fully qualified Teachers
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W.P(MD)No.18285 of 2019
on various dates. The Teachers who had been serving in the college for a
long time under the 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 third
respondent for approval of their appointments and disbursement of grant-
in-aid towards their salary, vide letter dated 18.01.2019. But, the third
respondent, by the impugned proceeding dated 29.07.2019, returned the
proposal, stating that no prior permission was obtained from the second
respondent for filling up the vacancies. 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],
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
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W.P(MD)No.18285 of 2019
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
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.
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W.P(MD)No.18285 of 2019
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,
whose qualification is approved by the University to which the
college is affiliated. Insofar as the non-teaching staff are
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W.P(MD)No.18285 of 2019
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. 21 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.18285 of 2019
S.No. NAME & QUALIFICATIO DATE OF
DESIGNATION N& APPOINTMENT
UNIVERSITY
QUALIFICATIO
N APPROVAL
1 Dr.V.Mathuravalli M.Com., B.Ed., 20.11.2017 F.N.
Assistant Professor DHRD, M.Phil
in Commerce Ph.D., with NET
(Letter No.
48274/D6/2012,
dated 04.11.2013)
2 Dr.M.Revathi M.Sc., M.Phil 20.11.2017 F.N.
Assistant Professor Ph.D.,
in Botany (Letter No.
12322/D6/2017,
dated 23.03.2018)
3 Dr.R.Manonmani M.Sc., M.Phil 20.11.2017 F.N.
Assistant Professor Ph.D.,
in Botany (Letter No.
25089/D6/2015,
dated 23.10.2015)
4 Dr.A.Auxilia M.Sc., B.Ed., 20.11.2017 F.N.
Assistant Professor Ph.D.,
in Botany (Letter No.
9709/D6/2018,
dated 25.07.2018)
5 S.Margrat Sheela M.Sc., M.Phil, 18.06.2015 F.N.
Assistant Professor with NET
in Chemistry (Letter No.
48274/D6/2012,
dated 04.11.2013)
6 Dr.R.Kanmani M.Sc., Ph.D., 18.06.2015 F.N.
Assistant Professor (Letter No.
in Chemistry 25089/D6/2015,
dated 23.10.2015)
7 Dr.J.Morris Princey, M.Sc., M.Phil, 20.11.2017 F.N.
Assistant Professor Ph.D.,
in Chemistry (Letter No.
9709/D6/2018,
dated 25.07.2018)
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W.P(MD)No.18285 of 2019
8 M.Radhika M.A., M.Phil, 18.06.2015 F.N.
Assistant Professor with NET
in Economics (Letter No.
25089/D6/2015,
dated 23.10.2015)
9 Ms.M.Maria M.A., B.Ed., 18.06.2015 F.N.
Camilla, M.Phil, with
Assistant Professor SLET
in English (Letter No.
48274/D6/2012,
dated 04.11.2013)
10 Mrs.M.L.Eileen M.A., M.A., 18.06.2015 F.N.
Brisha (Linguistics)
Assistant Professor M.Phil., with
in English SLET, NET
(Letter No.
48274/D6/2012,
dated 04.11.2013)
11 Ms.Joanna D'Vaz M.A., M.Phil, 18.06.2015 F.N.
Assistant Professor with NET
in English (Letter No.
25089/D6/2015,
dated 23.10.2015)
12 Dr.J.Theresa M.A., M.Phil, 20.11.2017 FN
Rosetti Ph.D.,
Assistant Professor (Letter No.
in History 06677/D6/2016,
dated 17.03.2016)
13 Dr.R.Pricila, M.A., B.Ed., 20.11.2017 FN
Assistant Professor M.Phil, Ph.D.,
in History (Letter No.
06677/D6/2016,
dated 17.03.2016)
14 Dr.S.Rexlin M.Sc., M.Phil 20.11.2017 F.N.
Jeyakumari Ph.D.,
Assistant Professor (Letter No.
in Mathematics 25089/D6/2015,
dated 23.10.2015)
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W.P(MD)No.18285 of 2019
15 Dr.I.Antonitte M.Sc., M.Phil, 20.11.2017 FN
Vinoline B.Ed., with SET,
Assistant Professor PGDCA, Ph.D.,
in Mathematics (Letter No.
06677/D6/2016,
dated 18.05.2017)
16 Ms.S.Babiyana M.Sc., M.Phil, 20.11.2017 F.N.
Assistant Professor with SET
in Physics (Letter No.
9709/D6/2018,
dated 25.07.2018)
17 Dr.G.Vijayalakshmi M.A.,, M.Phil., 20.11.2017 F.N.
Assistant Professor B.Ed.,
in Tamil Ph.D.,
(Letter No.
48274/D6/2012,
dated 04.11.2013)
18 Dr.K.Sujatha, M.A.,, M.Phil., 20.11.2017 F.N.
Assistant Professor B.Ed.,
in Tamil Ph.D.,
(Letter No.
48274/D6/2012,
dated 04.11.2013)
19 Ms.T.Shalini M.Sc., M.Phil 18.06.2015 F.N.
Gnanam, Assistant with SET, FBSS
Professor in (Letter No.
Zoology 25089/D6/2015,
dated 23.10.2015)
20 Ms.A.Maheswary, M.A., with SET 03.01.2018 F.N.
Assistant Professor (Letter No.
in Hindi 9709/D6/2018,
dated 25.07.2018)
21 Ms.S.Hemalatha, M.A., with NET 12.02.2018 F.N.
Assistant Professor (Letter No.
in French 9709/D6/2018,
dated 25.07.2018)
After such appointments, the petitioner college submitted proposal to the
third respondent for approval of their appointments and disbursement of
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W.P(MD)No.18285 of 2019
grant-in-aid towards their salary, vide letter dated 18.01.2019. But, the
third respondent, by the impugned proceeding dated 29.07.2019, returned
the proposal, stating that no prior permission was obtained from the
second respondent for filling up the vacancy. 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.
6. In view of the above judgments, the impugned proceedings of
the third respondent dated 29.07.2019 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 petitions are closed.
26.07.2021
vsm
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W.P(MD)No.18285 of 2019
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.
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,
Tiruchirappalli Region,
Tiruchirappalli – 620 002.
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W.P(MD)No.18285 of 2019
V.M.VELUMANI,J.
vsm
W.P(MD)No.18285 of 2019
and W.M.P.(MD)Nos.14720 & 14721 of 2019
26.07.2021
https://www.mhc.tn.gov.in/judis/
