Madras High Court
The Secretary To Government vs Khadir Mohindeen College on 26 July, 2021
W.A.(MD)Nos.695 & 696 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.695 & 696 of 2019
and
C.M.P.(MD)Nos.6142 & 6145 of 2019
1.The Secretary to Government,
Government of Tamil Nadu Higher Education Department,
Chennai – 09.
2.The Director of Collegiate Education,
Chennai – 06.
3.The Joint Director of Collegiate Education,
Thanjavur Region,
(Mannar Serfoji College Campus),
Thanjavur.
: Appellants in both Writ Appeals
Vs.
Khadir Mohindeen College,
Adhiramapattinam,
Thanjavur District,
Represented by its Secretary,
S.J.Abdul Hassan & Abdul Hassan
: Respondents in both Writ Appeals
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W.A.(MD)Nos.695 & 696 of 2019
COMMON PRAYER: Writ Appeals filed under Clause 15 of Letters
Patent Act, praying to set aside the common order dated
30.01.2019 passed in W.P.(MD)Nos.432 and 433 of 2019,
respectively.
For Appellant : Mr.A.K.Manickkam
Standing Counsel for Government
For Respondents : Mr.M.R.S.Prabhu
[In both Writ Appeals]
COMMON JUDGMENT
*************************
[Common Judgment of the Court was delivered by
T.S.SIVAGNANAM, J.]
With the consent on either side, these Writ Appeals are taken
up for disposal.
2.Heard Mr.A.K.Manickkam, learned Standing Counsel for
Government appearing for the appellants and Mr.M.R.S.Prabhu,
learned Counsel appearing for the respondent.
3.These appeals by the Government are directed against the
common order dated 30.01.2019 passed in W.P.(MD)Nos.432 and
433 of 2019, respectively.
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W.A.(MD)Nos.695 & 696 of 2019
4.It is submitted by the learned Counsel for the respondent
that they have handed over the case papers, since there is a change
of management.
5.The issue involved in these writ appeals is whether the
respondent management ought to have taken prior approval from
the department before appointment of a Library Assistant and a
Sweeper, since both of them were accommodated in sanctioned
posts. The learned Writ Court taking note of the judgment of the
Hon'ble Division Bench in the case of the Government of Tamil
Nadu, represented by the Secretary to Government,
Department of School Education, Fort St.George, Madras –
600 009 and others Vs. J.Remila and others reported in
2018-1-Writ L.R.410, allowed the writ petition.
6.On a perusal of the memorandum of grounds, we find that
there is no ground raised as to how the judgment of the Division
Bench is not applicable to the case of the respondent. Thus, we are
not inclined to interfere with the order passed in the Writ Petition.
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W.A.(MD)Nos.695 & 696 of 2019
7.Accordingly, the Writ Appeal fails and is dismissed.
However, there shall be no order as to costs. Consequently,
connected miscellaneous petitions are closed.
[T.S.S., J.] & [S.A.I., J.]
26.07.2021
Index : Yes / No
Internet: Yes / No
MR
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.
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W.A.(MD)Nos.695 & 696 of 2019
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
MR
COMMON JUDGMENT MADE IN
W.A.(MD)Nos.695 & 696 of 2019
26.07.2021
https://www.mhc.tn.gov.in/judis/
