Madras High Court
The Secretary vs The Director Of Collegiate ... on 7 October, 2021
W.P(MD)No.13186 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)Nos.13186 of 2021
and
W.M.P.(MD).Nos.10197 of 2021
The Secretary,
St.Xavier's College (Autonomous),
Palayamkottai – 627 002,
Tirunelveli District. ... Petitioner
Vs.
1.The Director of Collegiate Education,
College Road,
Chennai – 600 006.
2.The Joint Director of Collegiate Education,
Tirunelveli Region,
Tirunelveli – 627 002. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the second
respondent/ Joint Director to approve forthwith the appointment of Dr.S.Anna
Venus as Assistant Professor in Physics in the petitioner's College and disburse
the grant-in-aid towards her salary and allowances w.e.f. 01.10.2019.
1/8
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13186 of 2021
For Petitioner : Mr.K.Ragatheesh Kumar
For M/s.Isaac Chambers
For Respondents : Mr.A.K.Manickam
Standing Counsel.
ORDER
This Writ Petition has been filed, praying for the issuance of a Writ of
Mandamus, to direct the second respondent/ Joint Director to approve forthwith
the appointment of Dr.S.Anna Venus as Assistant Professor in Physics in the
petitioner's College and disburse the grant-in-aid towards her salary and
allowances w.e.f. 01.10.2019.
2.Heard, Mr.K.Ragatheesh Kumar, learned counsel appearing for the
petitioner and Mr.A.K.Manickam, learned Standing counsel appearing for the
respondents.
3.The petitioner Institution, namely, St.Xavier's College (Autonomous),
Palayamkottai, is a minority Institution, aided by the Government of Tamil
Nadu, affiliated to the University of Madras. One post in the cadre of Assistant
Professor in the Department of Physics fell vacant on 17.09.2019 due to the
voluntary retirement of the then incumbent Rev.Dr.J.Danis Ponniah. In the said
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13186 of 2021
vacancy, the Management of the petitioner Institution appointed one Dr.S.Anna
Venus as Assistant Professor (Physics) with effect from 01.10.2019. It is a
sanctioned post. Necessary proposal was submitted to the 2nd respondent/Joint
Director by letter dated 29.03.2021 for approval of the said appointment and
disbursement of grant-in-aid towards her salary. But there was no response and
hence, a reminder was also sent on 18.06.2021. According to the petitioner,
since it is a minority institution, it is entitled to fill up the vacancy arising on
account of promotion/retirement/removal or dismissal etc., against a
sanctioned post already approved by the school authorities, without even
obtaining prior permission from the Government. Since there has bee no
response forthcoming despite proposal submitted and the reminder thereof, the
petitioner has come forward with the present Writ Petition.
4. It is not in dispute that the issue is well settled now that any College,
either minority/private/aided or unaided, is entitled to fill up the vacancy
arising on account of promotion, retirement, removal, dismissal etc., against a
sanctioned post already approved by the educational authorities, without even
obtaining prior permission from the Department.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13186 of 2021
5. In this regard the petitioner has relied upon the ratio laid down by the
Hon'ble Supreme Court as well as the Division Bench of this Court reported in
(2013) 7 MLJ 641 (P.Ravichandran Vs. State of Tamilnadu) in WA.No.474 of
2013 dated 03.04.2013, (The State of Tamilnadu Vs.Dr.S.Sukumaran) and in
WA.No.463 of 2014 dated 02.04.2014 (Chief Educational Officer and another
Vs. S.Christy and Others) and yet another judgment in W.A.No.2096 & 2124
of 2019 dated 19.07.2019 (State of Tamilnadu Vs.The Secretary, Nirmala
College for Women). In all these decisions, this Court has elaborately
considered and held that the College authorities shall not insisting upon the
prior approval for appointment of the teaching staff in the minority institutions
and therefore, the aforesaid judgments are squarely applicable to the facts of the
present cases on hand.
6. When this matter along with similar matters, came up before this Court
on the earlier occasions, all the matters have been adjourned with a direction to
get instructions from the Director of Collegiate Education as to whether any
Circular has been issued to the concerned authorities, directing them to
approve the appointment of the teaching staff without insisting upon the prior
approval from the minority institutions, in the light of the decisions of the
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13186 of 2021
Hon'ble Supreme Court and this Court.
7. Mr.A.K.Manickam, learned Standing counsel for the respondents
placed a Circular issued by the authorities vide R.C.No.31939/E/2021 dated
01.10.2021, relevant portion of the letter is extracted hereunder:
''With reference to the above letter cited it is
instructed that prior permission is not necessary for
appointment approval for Minority Educational
Institutions and it is further instructed not to reject
proposals sent by Minority Institutions on the basis
of ''Prior permission was not obtained from the
appropriate authority''. The above instructions
should be strictly adhered with. Letter from counsel
for Government of Tamilnadu is enclosed herewith.''
8.In view of the aforesaid Circular dated 01.10.2021, it is brought to the
notice of this Court by the learned counsel for the petitioner College that
already proposals were sent and they are still pending with the Joint Director of
Collegiate Education.
9. In the light of the aforesaid decisions of the Hon'ble Supreme Court
and this Court and also the Circular issued by the Director of Collegiate
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13186 of 2021
Education dated 01.10.2021, this Court is inclined to issue the following
directions:
(i)The Joint Director of Collegiate Education is directed to consider the
said proposals sent by the petitioner College and to take an appropriate decision
on merits and in accordance with law, within a period of 12 weeks from the
date of receipt of a copy of this order.
(ii) The Joint Director of Collegiate Education shall strictly follow the
instructions issued by the Director of Collegiate Education by his Circular
dated 01.10.2021.
10.With the above directions, the writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
07.10.2021
Index : Yes / No
Internet : Yes/ No
dn
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13186 of 2021
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 Director of Collegiate Education,
College Road,
Chennai – 600 006.
2.The Joint Director of Collegiate Education,
Tirunelveli Region,
Tirunelveli – 627 002.
Madurai-625 020.
3.The State of Tamil Nadu,
Represented by its Secretary,
Department of Higher Education,
Fort St.George,
Chennai – 600 009.
4.The Joint Director of Collegiate Education,
Tiruchirappalli Region – 620 023,
Tiruchirappalli District.
D.KRISHNAKUMAR, J.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13186 of 2021
dn
W.P(MD)No.13186 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
