Madras High Court
K.Vinothkumar vs The Director Of Collegiate Education on 1 July, 2025
W.P.(MD)No.15540 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD) No.15540 of 2025
and
WMP (MD) No.11757 of 2025
K.Vinothkumar : Petitioner
Vs.
1. The Director of Collegiate Education,
College Road,
Chennai - 600006.
2. The Joint Director of Collegeiate Education,
Tirunelveli Region,
Tirunelveli - 627002.
3. The Correspondent Cum Secretary,
Nazareth Margoschis College,
At Pillaiyanmanai,
Nazareth - 628617,
Thoothukudi District. : Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India for issuance of Writ of ertiorarified Mandamus, calling for the
records relating to the impugned proceedings issued by the 2nd
respondent Joint Director in Na.Ka.No. 786/Vu3/2024 dated 05.05.2025,
quash the same and further direct the 2nd respondent Joint Director to
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 12:57:36 pm )
W.P.(MD)No.15540 of 2025
approve forthwith the appointment of the petitioner as Assistant
Professor in Economics in the 3rd respondent college and to sanction and
disburse the grant in aid to the petitioner towards his salary and all other
attendant benefits w.e.f. 09.10.2023.
For Petitioner : Mr.T.Cibichakraborthy
For Respondents : Mr.T.Amjad Khan
Government Advocate for R1 and R2
ORDER
This Writ Petition has been filed challenging the rejection of
proposal dated 05.05.2025, seeking appointment approval of the
petitioner and consequently, to direct the second respondent to approve
the appointment of the petitioner as 'Assistant Professor in Economics' in
the third respondent college and to sanction and disburse the grant in aid
to the petitioner towards his salary and all other attendant benefits with
effect from 09.10.2023.
2. Heard the learned counsel for the petitioner and the
learned Government Advocate, appearing on behalf of the respondents 1
and 2. Having regard to the nature of the order proposed to be passed in
this writ petition, notice to the third respondent is dispensed with. By
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 12:57:36 pm )
consent of both parties, the Writ Petition is taken up for final disposal at
the admission stage itself.
3. When the matter was taken up for hearing, the learned
counsels on both sides, submitted that the issue involved in this writ
petition is squarely covered by the order of this Court dated 21.03.2025,
passed in W.P.(MD) No.1399 of 2025 (A.Felcy Navajothy Vs. The
Director of Collegiate Education). The relevant portion of the order is
extracted hereunder:
“... 9. Insofar as the reason that the
College Management had not sought for prior
permission of the authorities for selection are
concerned, an Hon'ble Division Bench in the
case of P.Ravichandran Vs. State of Tamil
Nadu, Rep. by Secretary to Government,
Department of Higher Education, Chennai and
others reported in (2013) 7 MLJ 641, had dealt
with this aspect as to whether prior permission
is mandatory to fill up the vacancies arising in
a Minority Institution?
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 12:57:36 pm )
10. In paragraph 20 of the said order, such a
requirement was held to be not necessary for a
Minority Institution, in the following manner:
“20. In the light of the above findings as well
as the decisions, we conclude this Judgment in
the following manner:
(1) There is no requirement under the Tamil
Nadu Private Colleges (Regulation) Act, 1976
and Tamil Nadu Private Colleges (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. In view of the same, by following the order stated supra,
this Writ Petition is allowed with the following directions:
i) the impugned proceedings issued by the second
respondent in Na.Ka.No.786/Vu3/2024, dated 05.05.2025, is hereby
quashed;
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 12:57:36 pm )
ii) There shall be a direction to the second respondent to
pass orders for approving the appointment of the petitioner as Assistant
Professor in the Department of Economics with effect from his date of
appointment (i.e., 09.10.2023), within a period of six weeks from the
date of receipt of a copy of this order.
iii) On granting approval of the appointment of the
petitioner, the respondents shall disburse the grant-in-aid towards the
salary and other attendant benefits to the petitioner within a period of
four weeks thereafter.
No costs. Consequently, the connected miscellaneous petition is closed.
01.07.2025
Index : Yes / No
Internet : Yes / No
PKN
To
1. The Director of Collegiate Education,
College Road,
Chennai - 600006.
2. The Joint Director of Collegiate Education,
Tirunelveli Region,
Tirunelveli - 627002.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 12:57:36 pm )
VIVEK KUMAR SINGH, J.
PKN
01.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 12:57:36 pm )
