Madras High Court
Maj.Dr.K.R.Ajeendra Nath vs The Director Of Collegiate Education on 2 January, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD).No.20513 of 2024
& Contempt Pet.(MD).No.2503 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ORDER RESERVED ON : 11.12.2024
ORDER PRONOUNCED ON : 02.01.2025.
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.20513 of 2024
and WMP(MD).Nos. 17410, 17414, 20524 & 24934 of 2024
and Contempt Pet.(MD).No.2503 of 2024
WP(MD).No.20513 of 2024
Maj.Dr.K.R.Ajeendra Nath
Associate Professor/HOD of Malayalam and Research Centre
S.T.Hindu College
Nagercoil
KanyaKumari District ....Petitioner
Vs
1.The Director of Collegiate Education
Office of the Directorate of Collegiate Education
DPI Campus, College Road
Chennai – 6
2.The Joint Director of Collegiate Education
Office of the Joint Director of Collegiate Education
Tirunelveli Region
Tirunelveli District
3.The Secretary
S.T.Hindu College
Nagercoil
KanyaKumari District
4.Dr.A.Nagarajan
The Secretary
S.T.Hindu College
Nagercoil,KanyaKumari District
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W.P(MD).No.20513 of 2024
& Contempt Pet.(MD).No.2503 of 2024
5.The Officer
Commending 11 (TN)
Battalion NCC
No.49/4, Vellalar Colony
Nagercoil 629 001 ....Respondents
(R5 is suo moto impleaded vide Court order dated 28.08.2024)
Contempt Petition(MD).No.2503 of 2024
Maj.Dr.K.R.Ajeendra Nath
Associate Professor/HOD of Malayalam and Research Centre
S.T.Hindu College
Nagercoil, KanyaKumari District ...Petitioner
Vs
1.Mrs.Sundaravalli I.A.S.,
The Director of Collegiate Education
Office of the Directorate of Collegiate Education
DPI Campus, College Road
Chennai – 6
2.Dr.A.Nagarajan
The Secretary
S.T.Hindu College
Nagercoil
KanyaKumari District ...Contemnors
( R1 deleted as per Court order dated 19.11.2024)
Prayer in the Writ Petition: This Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorari, calling for the records
relating to the impugned Re-deployment order passed by the first respondent
in his proceedings in Mu.Mu.No.14050/F2/2023 dated 16.08.2024 and the
consequential impugned relieving order passed by the third respondent by his
proceedings No.515 dated 21.08.2024 and quash the same as illegal.
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W.P(MD).No.20513 of 2024
& Contempt Pet.(MD).No.2503 of 2024
Prayer in the Contempt Petition: Contempt petition has been filed under
Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for
the deliberate and willful disobedience of the order dated 30.09.2024 passed
by this Court in WMP(MD).No.17414 of 2024 in WP(MD).No.20513 of
2024.
For Petitioner : Mr.M.Ajmalkhan
Senior Counsel
For M/s.Ajmal Associates
in Writ Petition and Contempt Petition
For Respondents : Mr.V.Panneerselvam
R3 in Writ Petition
and Respondent in Contempt petition
:Mr.R.Baskaran
Additional Advocate General Assisted by
Mr.N.Satheesh Kumar
Additional Government Pleader for R1 & R2
in W.P.
:Mr.K.Govindarajan
Deputy Solicitor General of India for R5 in W.P
:No appearance for R4 in W.P.
ORDER
The present writ petition has been filed by an Associate Professor/Head
of Malayalam Department of the third respondent college challenging an
order of redeployment issued by the first respondent on 16.08.2024 and the
consequential relieving order issued by the third respondent on 21.08.2024.
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& Contempt Pet.(MD).No.2503 of 2024
(A) Factual Matrix:
2.A perusal of the impugned order reveals that the third respondent
College has sent a communication to the second respondent intimating the
fact that only one student got admitted in the Malayalam Department in each
one of the academic year 2019-2020 and 2020-2021. There was no admission
from the academic year 2021 onwards. This communication was verified by
the first respondent and in his communication dated 20.11.2023, he had stated
that for releasing grant-in-aid, a minimum of 10 students is required. Since no
students got admitted in the Malayalam department for the past three years,
he had recommended for redeployment of the writ petitioner to a different
college. Pursuant to the said recommendation, the first respondent has passed
the impugned redeployment order on 16.08.2024 deploying the petitioner to
the Malayalam department in Sri Devi Kumari Womens College at
Kuzhithurai.
3.A perusal of the impugned order further reveals that the petitioner's
name is retained in the third respondent college for the purpose of
disbursement of salary and the petitioner would be permitted to get
re-transferred to the parent college as and when the students strength gets
increased. A consequential order was passed by the third respondent on
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& Contempt Pet.(MD).No.2503 of 2024
21.08.2024 relieving the writ petitioner to enable him to join the deployed
college. These two orders are under challenge in the present writ petition.
(B)Contentions of the counsels appearing on either side:
4.The learned Senior Counsel appearing for the writ petitioner herein
had made the following submissions challenging the order of deployment.
(a)The writ petitioner is not only an Associate Professor and the Head
of Malayalam Department, he is also an Associate Officer in the third
respondent College. Several NCC students are undergoing training under
him. The petitioner has been re-deployed to a college where there is no NCC
unit.
b)NCC is one of the optional theory paper to the students studying in
various departments of the College. The petitioner is taking theory classes for
more than 120 students. This aspect has not been taken into consideration at
the time of passing the deployment order.
c)As per Section 24(4) of NCC Act 1948, the prior permission of Tamil
Nadu State NCC Directorate has to be obtained.
d)The Government of Tamil Nadu has issued G.O.Ms.No.61 Higher
Education (D1) Department dated 03.03.1999 wherein orders have been
issued to the effect that the Deputy Director of General NCC should be
consulted prior to issuance to transfer order to Associate NCC Officers under
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& Contempt Pet.(MD).No.2503 of 2024
the administrative control of Director of School Education/ Director of
Collegiate Education. In the present case, no such prior consultation has
taken place.
e)The petitioner has now been redeployed to Sri Devi Kumari Womens
College at Kuzhithurai where there is no NCC Unit at all. The entire money
spent from the Government exchequer for training the writ petitioner as well
as for conducting various camps would become futile exercise.
f)The Administrative Officer of NCC has addressed a communication
to the Director of Collegiate Education on 27.09.2024 seeking to cancel the
order of deployment. The said aspect should be taken into consideration and
the order of deployment shall be set aside.
g)The petitioner herein is the senior most Associate Professor of the
third respondent College and he should have been included as one of the
members of the College Committee as per Rule 8(3) of Tamil Nadu Private
Colleges (Regulation) Rules, 1976. However, the said request was not
considered by the management and hence, the petitioner was constrained to
filed WP(MD).No.20237 of 2023 seeking mandamus directing the College to
accommodate the petitioner as a member of the College Committee. The writ
petition was allowed by this Court on 10.11.2023. Though the college had
filed a writ appeal and obtained an order of interim stay for a limited period,
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& Contempt Pet.(MD).No.2503 of 2024
even after the expiry of the interim orders, the management has not chosen to
accommodate the petitioner in the College Committee. The petitioner being a
senior most professor is likely to be promoted and appointed as a principal of
the College. In such circumstances, the impugned order of the redeployment
has been issued only with a malafide intention to prevent the writ petitioner
from becoming member of the College Committee or the principal of the said
College.
h)The learned Senior Counsel had further contended that the order of
deployment was issued to the writ petitioner on 16.08.2024. However, the
management of the deputed college had filled up the said post by way of
appointing another candidate, who had joined duty on 23.09.2024. Therefore,
there is no vacancy in Sri Devi Kumari Womens College at Kuzhithurai and
the order of deployment has become unenforceable and therefore, it is liable
to be set aside.
5.Per contra, the learned Additional Advocate General appearing for
the official respondents had contended that there are no students in the
Malayalam Department of the third respondent for the past three academic
years. The writ petitioner is drawing a salary of Rs.3,20,000/-. The
Government cannot disburse grant to a teacher without extracting any work.
This may lead to audit objection being raised by the Accountant General
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& Contempt Pet.(MD).No.2503 of 2024
Office.
6.The learned Additional Advocate General had further contended that
G.O.Ms.No.61, Higher Education (D1) Department dated 03.03.1999 is
applicable only for the Government institutions and not for private aided
institutions. He further contended that though it is alleged that another
candidate has been appointed to the deployed post of the writ petitioner, the
department has not received any request for approval of the said appointment.
7.Until the appointment of another candidate is approved, there is a
vacancy in Sri Devi Kumari Womens College at Kuzhithurai and therefore,
there cannot be any impediment for the writ petitioner to join duty. He had
further contended that Dr.M.Thanumalaya Perumal has been appointed as a
care-taker of NCC Unit of that college and therefore, NCC activities would
not suffer due to deployment of the writ petitioner.
8.The learned counsel appearing for the college management had
contended that the order of deployment has been issued by the educational
authority only due to fall in student's strength. The order having been passed
by the Directorate, malafides cannot be alleged as against the management.
Another Professor namely Mrs.Chamundi who is also a commandant is
taking care of NCC girls cadres. No theory class are being conducted in the
subject of NCC for any other students in the college.
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& Contempt Pet.(MD).No.2503 of 2024
9.The learned counsel appearing for the college management has
further contended that Section 24 of the NCC Act, 1948 has been interpreted
by this Court in WP(MD).No.7890 of 2009 (C.Sengottuvel Vs. The Principal
Secretary/Commissioner of Technical Education, Chennai and others)
dated 26.02.2010 as merely directory in nature and therefore, merely because
there was no prior consultation, that would not vitiate the order of
deployment. He had further relied upon the judgment of the High Court of
Chhattisgarh at Bilaspur in W.P.No.1272 of 2018 ( P.D.Sonekar Vs. State of
Chhattisgarh and others) and contended that the transfer and posting of
NCC Officer are within the exclusive domain of State authorities and it is the
prerogative of Government in deciding the place of posting. He had further
contended that G.O.Ms.No.61 dated 03.03.1999 is applicable only in issuance
of transfer orders to the Associate NCC Officers under the administrative
control of Directorate of Collegiate Education.
10.Admittedly, the petitioner institution is an aided institution which
does not come under the administrative control of Directorate of Collegiate
Education. Therefore, the said defence is not applicable. That apart, the
petitioner is working in the third respondent college from the year 1991
onwards and therefore, the order of deployment issued in the year 2024
cannot cause any prejudice to the writ petitioner. Hence, he prayed for
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& Contempt Pet.(MD).No.2503 of 2024
dismissal of the writ petition.
11.I have considered the submissions made on either side and perused
the material records.
(C)Discussion:
12.The order of deployment passed by the first respondent is
challenged primarily on the ground of malafide and on the ground of
non-consultation with the Deputy Director General of NCC before effecting
deployment.
13.A perusal of the impugned order dated 16.08.2024 reveals that it is
not a transfer order, but only a redeployment order. For the past three
academic years, not even a single student had got admitted to the Malayalam
Department. In such circumstances, the Educational Department was
constrained to redeploy the petitioner to another college in the same District
where there are more than 10 Malayalam students. Though there may be some
dispute between the management and the writ petitioner, the deployment
order has been issued solely on the ground that for the past three academic
years, not even a single student was admitted to Malayalam department.
Therefore, the dispute between the management and the writ petitioner cannot
be pressed into service to allege malafides to invalidate the order of
deployment passed by the Directorate of Collegiate Education.
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& Contempt Pet.(MD).No.2503 of 2024
14.A perusal of Rule 22 of NCC Rules reveal that a person
commissioned in the National Cadet Corps shall hold that commission as
Officer in that corps only up to the age of 50 years. Admittedly, the petitioner
is 57 years old when the order of deployment was issued. Therefore, it is clear
that the petitioner is already over-aged to hold the post of Associate Officer in
NCC. As rightly pointed out by the learned Additional Advocate General,
G.O.Ms.No.61 Higher Education (D1) Department dated 03.03.1999 is
applicable only to Government educational institution which are under the
administrative control of Directorate of Collegiate Education. The third
respondent management is an aided college for which the above said
Government Order is not applicable.
15.Our High Court in WP(MD).No.7890 of 2009 ( C.Sengottuvel Vs.
The Principal Secretary/Commissioner of Technical Education Chennai
and others) dated 26.02.2010 has held that there is no absolute bar under the
Government Order for transferring the NCC Officer, but it is only
recommendatory in nature. This Court had further held that the
non-consultation will not vitiate the order of transfer. In the present case, it is
not even an order of transfer, but only an order of redeployment retaining the
name of the petitioner in the pay register of the third respondent college.
16.The petitioner is only receiving honorarium for the post of NCC
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& Contempt Pet.(MD).No.2503 of 2024
Associate Officer. Therefore, the substantive post hold by the petitioner is
that of Associate Professor /Head of Malayalam Department. Hence, the
transfer made to the college where there is no NCC unit cannot in any way
affect the service benefits of the writ petitioner.
17.It is further contended on the side of the petitioner that the vacancy
to which the petitioner was deployed has already been filled up by another
candidate by Sri Devi Kumari Women's College management. The learned
Additional Advocate General has submitted that the management of that
college has not sent any proposal for approval. It could be seen from the
records that the redeployment order has been passed on 16.08.2024 and it has
been communicated to Sri Devi Kumari Womens College at Kuzhithurai.
Therefore, it is not known how an appointment order was issued in favour of
a third party to the said post on 23.09.2024. Therefore, it is for the Directorate
of Collegiate Education to take call upon granting approval to such
appointment. In such circumstances, there is no impediment for the writ
petitioner to join the transferred post.
18.The NCC Unit of the third respondent College has already been
handed over to a care taker Mr.M.Thanumalaya Perumal and Women's being
taken care of by Mrs.Chamundi. In such circumstances, the contention of the
petitioner that NCC Unit in the third respondent college would suffer for
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& Contempt Pet.(MD).No.2503 of 2024
want of Associate Officer is not factually correct.
19.The order of redeployment clearly points out that due to fall in
students strength, the petitioner is deployed to another college and he is
entitled to be repatriated to the parent college, in case of increase in the
students strength. In such circumstances, no prejudice would be caused to the
writ petitioner by way of impugned deployment order.
20.A contempt petition has been filed in Contempt Petition (MD).No.
2503 of 2024 by the writ petitioner alleging violation of interim order of stay.
It is reported by the respondent management that the petitioner was permitted
to join duty. Recording the same, the contempt petition stands closed.
21.In view of the above said deliberations, there are no merits in the
writ petition and the writ petition stands dismissed. The Contempt Petition
stands closed. No costs Consequently, connected miscellaneous petitions are
closed.
02.01.2025.
Internet : Yes/No
Index : Yes/No
NCC : Yes/No
msa
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& Contempt Pet.(MD).No.2503 of 2024
To
1.The Director of Collegiate Education
Office of the Directorate of Collegiate Education
DPI Campus, College Road
Chennai – 6
2.The Joint Director of Collegiate Education
Office of the Joint Director of Collegiate Education
Tirunelveli Region
Tirunelveli District
3.Mrs.Sundaravalli I.A.S.,
The Director of Collegiate Education
Office of the Directorate of Collegiate Education
DPI Campus, College Road
Chennai – 6
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& Contempt Pet.(MD).No.2503 of 2024
R.VIJAYAKUMAR, J.
msa
Pre-delivery order made in
and WMP(MD).Nos. 17410, 17414,
20524 & 24934 of 2024 and
Contempt Pet.(MD).No.2503 of
02.01.2025.
https://www.mhc.tn.gov.in/judis
