C.Abdul Hakeem College vs The Director Of Collegiate ...
2021 Latest Caselaw 6304 Mad

                                                                                   W.P.No.422 of 2021

                                        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 10.03.2021

                                                           CORAM

                                       THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                                     W.P.No.422 of 2021
                  C.Abdul Hakeem College,
                  Rep. by its Secretary,
                  Mr.S.Z.Abrar Ahmed,
                  S/o.Dr.S.Ziauddeen Ahmed,
                  Hakeem Nagar, Melvisharam,
                  Vellore-632 509.                                                      ... Petitioner
                                                        -vs-
                  1. The Director of Collegiate Education,
                     College Road,
                     Chennai-600 006.

                  2. The Regional Joint Director Collegiate Education,
                     Vellore Region,
                     43, 1st West Cross Street,
                     Gandhi Nagar, Vellore-632 006.                                  ... Respondents

                  Prayer: Petition is filed under Article 226 of Constitution of India to issue a Writ
                  of Mandamus, directing the 1st and 2nd respondents to approve the appointment
                  of the 10 Non-Teaching Staffs, viz., Marker-1, Scavenger-1, Sweeper-4,
                  Watchman-2, Waterman-1 and Gardener-1 in the sanctioned vacancies in the
                  Petitioner's College in the light of the approval given by the 2nd respondent to
                  the similarly placed persons like R.Sorubalatha and 6 others, vide proceedings
                  Pa.Mu.No.4874/A2/2013 dated 28.08.2019 in W.P.(MD) No.1234 of 2014 dated
                  24.02.2015 in W.A.(MD) No.931 of 2018 dated 12.07.2018 and in Special Leave
                  Petition S.L.P.No.323 of 2019 dated 18.01.2019 with monetary and all other
                  attendant and service benefits based on the representation given by the
                  petitioner college dated 06.11.2019.
                                   For Petitioner     : M/s.G.Selvi George
                                   For Respondents    : Mr.S.Karthikeibalan
                                                        Govt. Advocate


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https://www.mhc.tn.gov.in/judis/
                                                                                        W.P.No.422 of 2021

                                                            ORDER

The petitioner has filed this writ petition, seeking a direction to the

1st and 2nd respondents to approve the appointment of the 10 Non-Teaching

Staffs, viz., Marker-1, Scavenger-1, Sweeper-4, Watchman-2, Waterman-1 and

Gardener-1 in the sanctiond vacancies in the Petitioner's College in the light of

the approval given by the 2nd respondent to the similarly placed persons like

R.Sorubalatha and 6 others, vide proceedings Pa.Mu.No.4874/A2/2013 dated

28.08.2019 in W.P.(MD) No.1234 of 2014 dated 24.02.2015 in W.A.(MD) No.931

of 2018 dated 12.07.2018 and in Special Leave Petition S.L.P.No.323 of 2019

dated 18.01.2019 with monetary and all other attendant and service benefits

based on the representation given by the petitioner college dated 06.11.2019.

2. According to the Petitioner-College, the College was sanctioned

with 37 posts of non-teaching staff under the Aided Scheme and the

appointments to those posts have been made against the vacancies arising in the

sanctioned posts as per the norms and proceedings of the Respondents. It is the

case of the petitioner that approval has been granted by the Government only

for 286 vacancies out of 486 for the post of Office Assistant and Marker and the

other posts were instructed to be filled up through outsourcing vide

G.O.Ms.No.219 Higher Education (D1) Department dated 24.10.2013 and the said

Government Order was challenged before this Court in W.P.Nos.6679 and 6680

of 2016 and this Court, by an order dated 24.11.2017 set aside the Government

https://www.mhc.tn.gov.in/judis/ W.P.No.422 of 2021

Order. Writ Appeal filed against the order of the learned Single Judge dated

24.11.2017 came to be dismissed on 17.09.2019. It is further case of the

petitioner that posts of similarly placed persons working in Rajapalayam Raju's

college were approved by the 2nd Respondent on 28.08.2019 on the basis of the

orders of this Court in W.P.(MD) No.1234 of 2014 dated 24.02.2015, W.A.(MD)

No.931 of 2018 dated 12.07.2018 and Special Leave Petition in SLP.No.323 of

2019 dated 18.01.2019. It is submitted by the Petitioner-College that though the

issue of approval has already been settled, the proposal sent by the petitioner-

college to the 1st respondent through the 2nd respondent dated 06.11.2019 has

been kept pending without any sanction.

3. Though learned counsel for the petitioner has stated that the issue

is covered by the judgment of this Court dated 12.07.2018 passed in W.A.(MD)

No.931 of 2018, it is for the respondents to decide whether the ratio laid in the

said judgment is applicable to the case of the Petitioner-College and this Court

cannot give a specific direction with regard to the grant of approval.

4. Considering the facts and circumstances of the case and taking into

account the fact that the petitioner's representation / proposal 06.11.2019 is

already pending with the respondents, the Writ Petition is disposed of with the

following directions:

https://www.mhc.tn.gov.in/judis/ W.P.No.422 of 2021

i) A direction is issued to the respondents herein to consider the

representation / proposal of the petitioner-college, if not already disposed of,

and pass appropriate orders thereon, in accordance with law, after affording an

opportunity of hearing to the petitioner-college and other persons, if any, who

are likely to be affected, as expeditiously as possible, preferably within a period

of two months from the date of receipt of a copy of this order, in the light of

the judgment of this Court dated 12.07.2018 passed in W.A.(MD) No.931 of

2018, if applicable;

ii) In case the representative of the petitioner-college is unable to

appear for personal hearing, the representative is entitled to send a written

submission within a period of one month from the date of receipt of a copy of

this order through registered post or speed post and the same shall be treated

as personal hearing. It is made clear that the petitioner can avail the

opportunity of either personal hearing or filing written submission and not both;

iii) In case the representative of the petitioner-college fails to appear

or file a written submission in time, the respondents shall pass orders based on

the available records and the representative of the petitioner-college, cannot at

a later point of time take a stand that opportunity of being heard is not given to

them;

https://www.mhc.tn.gov.in/judis/ W.P.No.422 of 2021

iv) The the representative of the petitioner-college shall furnish

Mobile Number, email ID, if any, etc., along with a copy of the

representation/proposal dated 06.11.2019, and this order, to the respondents

forthwith;

v) The respondents are directed to communicate the decision taken

on the representations, to the petitioner-college, within a period of three weeks

from the date of decision taken thereon, by way of SMS/Email/registered

post/speed post, so that there is no need for the petitioner to file contempt

after expiry of the specified period. In case the authorities concerned fail to

send communication to the petitioner, they will have to face the civil

imprisonment in case of contempt proceedings. If they are unable to serve the

order and the cover being returned un-served for one reason or the other, the

same shall be kept in the file without opening it for the proof of delivery, so

that the petitioner, later on, will not take a plea that the petitioner is not

aware of the order. No costs.

10.03.2021 Index: Yes / No Speaking order: Yes / No ar

https://www.mhc.tn.gov.in/judis/ W.P.No.422 of 2021

S.VAIDYANATHAN, J.

ar

To:

1. The Director of Collegiate Education, College Road, Chennai-600 006.

2. The Regional Joint Director Collegiate Education, Vellore Region, 43, 1st West Cross Street, Gandhi Nagar, Vellore-632 006.

W.P.No.422 of 2021

10.03.2021

https://www.mhc.tn.gov.in/judis/