Madras High Court
The State Of Tamil Nadu vs C.Jeyasekar on 21 June, 2021
W.A. No.1360 of 2021 and
C.M.P. No.8477 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.1360 of 2021 and
C.M.P. No.8477 of 2021
1.The State of Tamil Nadu
Rep. by its Secretary
Higher Education Department
Fort St. George, Chennai - 600009
2.The Director of Collegiate Education
College Road, Chennai - 600 006
3.The Joint Director of Collegiate Education
Tirunelveli Region
Tirunelveli - 627 002 ... Appellants
vs
1.C.Jeyasekar
2.The Nesamony Memorial Christian College
Rep. by its Correspondent and Secretary
Marthandam
Kanyakumari District ...Respondents
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Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 05.11.2014 made in W.P. No.21856 of 2012.
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W.A. No.1360 of 2021 and
C.M.P. No.8477 of 2021
For Petitioner : Mr.R.Neelakandan
State Government Pleader
For Respondent : Mr.N.Rajan for R1
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
This writ appeal is preferred by the Government against the
order passed by the learned single Judge in W.P. No.21856 of 2012
dated 05.11.2014. The said writ petition was filed for a mandamus to
direct the second respondent therein/second appellant herein, to
approve the appointment of the writ petitioner as a Lecturer in English
in the second respondent college, with effect from 01.06.2001.
2. The writ petitioner was appointed as a Lecturer in the
Department of English in the second respondent college in the year
1993, however, the appointment was not approved by the second
appellant. Hence the petitioner filed W.P. No.16748 of 1998 before
this court against the appellants 1 to 3 and this court directed them to
consider the case of the writ petitioner/first respondent. Therefore, he
was once again appointed in the new vacancy caused by the
retirement of one A.John Ebenezer Chatterjee with effect from
20.06.2001, however, the approval was rejected by the third appellant
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W.A. No.1360 of 2021 and
C.M.P. No.8477 of 2021
on 12.03.2003. Thereafter, one more post of Lecturer in the
Department of English in the second respondent college was granted
by the second appellant. Once again the name of the writ petitioner
was sent and the petitioner's appointment was approved on
26.07.2006. As the approval has not yet been granted, the writ
petition has been filed.
3. The learned single Judge, passed the order placing reliance on
a Division Bench judgment in W.A. No.2318 of 2011 dated 11.10.2013
in P.Ravichandran vs. State of Tamil Nadu and others wherein
Rule 11(1) of the Tamil Nadu Private Colleges (Regulation) Rules,
1976, was considered and the Division Bench had given a finding that
there is no requirement under the Tamil Nadu Private Colleges
(Regulation) Act, 1976 and the Tamil Nadu Private College
(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.
4. Admittedly, in this case, it is a sanctioned post, which was
filled by the second respondent college. Therefore, there is no
impediment for the appellants to consider the proposal sent by the
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W.A. No.1360 of 2021 and
C.M.P. No.8477 of 2021
college and approve the appointment of the first respondent herein.
Accordingly the writ petition was allowed. Aggrieved by the same, the
present writ appeal is filed by the Government.
5. The learned Government Pleader points out that the judgment
in W.A. No.2318 of 2011 which was referred to by the learned single
Judge, was taken on appeal to the Supreme Court in SLP (Civil)
No.887/2015. The same was said to have been dismissed on
29.01.2019, confirming the judgment of the earlier Division Bench.
6. In view of the above, nothing survives for adjudication in the
writ appeal and the writ appeal is dismissed. No costs. Consequently,
the connected miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
21.06.2021
Asr
Index : Yes/No
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W.A. No.1360 of 2021 and
C.M.P. No.8477 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1360 of 2021 and
C.M.P. No.8477 of 2021
21.06.2021
http://www.judis.nic.in
