Madras High Court
Dr.T.Wins Joel vs The Commissioner / Director Of ... on 28 February, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.458 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.02.2025
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.458 of 2025
and
CMP(MD)Nos.3646 and 3647 of 2025
Dr.T.Wins Joel,
Assistant Professor,
Department of History,
Scott Christian College (Autonomous),
Nagercoil, Pin 629 003,
Kanniyakumari District,
Tamil Nadu. ... Appellant
vs.
1. The Commissioner / Director of Collegiate Education,
Directorate of Collegiate Education,
No. 577, Anna Salai,
College Road,
Chennai 600 015.
2. The Regional Joint Director of Collegiate Education,
Near Rani Anna Government College For Women,
Gandhi Nagar,
Tirunelveli 627 008
3. The Bishop/ Chairman,
Governing Board of the Scott Christian College (Autonomous),
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1/9
W.A(MD)No.458 of 2025
Nagercoil 629 003,
Kanniyakumari District.
4. D.Henry Raja,
The Principal I/c,
Scott Christian College (Autonomous),
Nagercoil 629 003,
Kanniyakumari District. ... Respondents
PRAYER : Writ Appeal filed under Clause 15 of the Letters
Patent, against the order dated 25.02.2025 made in W.P(MD)No.5185 of
2025.
For Appellant : Mrs.Selvi George for
Mr.S.Balamurugan
For R1 & R2 : Mr.J.Ashok
Additional Government Pleader
For R3 : Mr.N.Dilip Kumar
JUDGMENT
(Judgment of the Court was made by S.SRIMATHY, J.)
The appellant / writ petitioner has filed W.P(MD)No.5185 of
2025 for a Mandamus, directing the respondents 3 and 4 to issue the
Release Order permitting him to participate in the Refresher Course in
History to be held from 03.03.2025 to 17.03.2025 in Offline Mode at
UGC-Malaviya Mission Teacher Training Centre, North-Eastern Hill
University, Shillong, Meghalaya State.
https://www.mhc.tn.gov.in/judis
2. By order dated 25.02.2025, the Writ Court has ordered notice
to the respondents returnable by 18.03.2025.
3. Contending that by virtue of the abovesaid order of the Writ
Court, the writ petition itself will become infructuous, the writ
petitioner has filed this appeal. On the merits of the case, learned
counsel appearing for the appellant contended that when there is no
statutory rule requiring prior approval, the notice ordered by the Writ
Court is based on incorrect legal presumption. He would further
contend that since the Director of UGC-Malaviya Mission Teacher
Training Centre, North-Eastern Hill University, has invited applications
for the refresher course directly from the individual Assistant Professors
and not through the colleges, in which they are working, the appellant /
writ petitioner applied directly for participation of the said course.
However, permission from the college is required to be obtained
separately in the form of a 'release order', only after confirmation of
selection by the said Malaviya Mission Teacher Training Centre. Such
participation of the appellant in the refresher course will be marked as
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'other Duty' in the attendance register of the 3rd respondent college, as
per the rules. He would also submit that as per Clause 6.4 of the UCG
Regulations dated 18.07.2018 and Clause 6.1 of G.O(Ms)No.5, dated
11.01.2021, attending refresher courses is mandatory for the Assistant
Professors to seek promotion. Thus, the learned counsel would pray for
a direction to the 3rd respondent to issue release order forthwith to the
appellant.
4. On scrutiny of the appeal papers, the Registry has returned
the same, stating that the writ appeal is not maintainable in view of the
judgment in W.A.SR.No.50828 of 2021, dated 29.06.2021. The counsel
has re-presented the papers with an endorsement that ordering notice of
motion is considered to be an interim order, which adversely affects the
fundamental rights of the appellant to participate in the refresher course
which is mandatory under UGC norms. Hence, the appeal is listed
today under the caption 'for maintainability'.
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5. In the decision relied upon by the Registry in W.A.SR.No.
50828 of 2021, dated 29.06.2021 [R.Rukmangathan vs, TANGEDCo and
3 others], it has been held that the appeal has been filed by the appellant
therein on mere apprehension that the interim relief is refused by the
Court and therefore, it is premature for the appellant therein to file
appeal in the absence of any order.
6. However, in the present case, the relief sought for by the
writ petitioner itself is to permit him to participate in the Refresher
Course in History to be held from 03.03.2025 to 17.03.2025, whereras, the
Writ Court ordered notice to the respondents returnable by 18.03.2025.
By virtue of the said order, the very prayer in the writ petition will
become infructuous. Therefore, it can be held that the said order is
appealable by way of intra-court appeal.
7. In view of the above discussion, we hold that the present
writ appeal is maintainable. Registry is directed to number the appeal
immediately, if the papers are otherwise in order.
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8. On the merits of the case, on perusal of Clause 6.4 of the
UCG Regulations dated 18.07.2018, we find that participation of the
appellant in the abovesaid refresher course is mandatory for further
promotion. As rightly contended by the counsel for the appellant,
permission from the college in the form of release order is required only
after selection or confirmation of the appellant's participation by
Malaviya Mission Teacher Training Centre. Therefore, after
confirmation by the said institution, the appellant sought permission of
the 3rd respondent college in the form of release order, which was not
issued. Hence, he filed writ petition. Finding that the Writ Court also
not considered his case and has merely ordered notice returnable by
18.03.2025, thereby, the very prayer in the writ petition will become
infructuous, the appellant has filed this appeal.
9. We find force in the contentions of the appellant.
Accordingly, we allow this appeal and the impugned order dated
25.02.2025 in W.P(MD)No.5185 of 2025 is set aside. The respondents 3
and 4 are directed to issue the Release Order to the appellant, permitting
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him to participate in the Refresher Course in History to be held from
03.03.2025 to 17.03.2025, in Offline Mode at UGC-Malaviya Mission
Teacher Training Centre, North-Eastern Hill University, Shillong,
Meghalaya State, forthwith. Counsel for the 3rd respondent shall
communicate this order to the 3rd respondent enabling them to issue
release order to the appellant forthwith. No costs. Consequently,
connected miscellaneous petitions are closed.
[J.N.B, J.] [S.S.Y, J.]
28.02.2025
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The Commissioner / Director of Collegiate Education,
Directorate of Collegiate Education,
No. 577, Anna Salai,
College Road,
Chennai 600 015.
2. The Regional Joint Director of Collegiate Education,
Near Rani Anna Government College For Women,
Gandhi Nagar,
https://www.mhc.tn.gov.in/judis
Tirunelveli 627 008.
https://www.mhc.tn.gov.in/judis
J.NISHA BANU, J.
AND
S.SRIMATHY, J.
bala
JUDGMENT MADE IN
DATED : 28.02.2025
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