Madras High Court
The State Of Tamil Nadu vs The Principal & Secretary on 5 March, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.586 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN
W.A.No. 586 of 2025
and CMP No.4699 of 2025
1. The State of Tamil Nadu,
Rep. by its Secretary,
Department of Higher Education,
Fort St. George, Chennai 600 009.
2. The Director of Collegiate Education,
College Road, Chennai 600 006.
3. The Regional Joint Director of
Collegiate Education,
Chennai Region, Chennai 6000 015. ...Appellants
Vs.
1. The Principal & Secretary,
St. Christopher's College of Education,
Vepery, Chennai 600 007.
2. Tamil Nadu Teachers Education University,
Rep. by its Registrar,
Gangaiamman Koil Street,
Karapakkam, Chennai 97. ...Respondents
1/6
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W.A.No.586 of 2025
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order dated 20.11.2023 made in WP No.19082 of 2020.
For Appellant : Mr.D.Ravichander
Special Government Pleader
For Respondent : Mr.P.Godson Swaminath
****
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
Challenge is to the Mandamus issued by the learned Single Judge
directing approval of the appointment of one Mrs.Hebziba M. as Assistant
Professor in the Computer Education Department on 04.04.2019.
2. The claim was resisted by the Department contending that the
appointment requires prior approval and that the provisions of Rule 11(4)(ii)
of the Tamil Nadu Private Colleges (Regulation) Rules, 1976 has not been
followed by the College in the recruitment process. The learned Single
Judge had found that since the Institution is a minority college, the question
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of prior approval does not arise and the provisions of Rule 11(4)(ii) of the
Tamil Nadu Private Colleges (Regulation) Rules, 1976 will not also stand
attracted in view of Section 11 of the Tamil Nadu Private Colleges
(Regulation) Act, 1976 which provides that the provision requiring
constitution of a College Committee will not apply to a Minority College.
3. The Writ Court has also adverted to the judgment of the Division
Bench of this Court in The Forum of Minority and Institutions and
Associations vs. The State of Tamil Nadu rep. by the Joint Director of
Collegiate Education and others, dated 05.01.2011 made in WP No.34434
of 2008 etc. batch, wherein the Division Bench had observed as follows:
“59. Thus, a reading of these judgments would
show that right of Minority Institutions to select
candidates of their own choice by regulating their
process of selection is upheld by the Hon’ble Supreme
Court.
60. In view of the settled proposition of law, the
contention of learned Counsel for the University
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Grants Commission that by way of amendment of
Regulations, independence has been given to the
Minority Institutions to select their own people
without outside interference, as the right of
appointment of teachers out of qualified teachers is to
be left to the Minority Institutions alone cannot be
accepted, as the process of selection of teachers
cannot regulated, as it would amount to interference
in administration of Minority Institutions.?”
4. Similar issue arose before other Hon’ble Single Judges of this
Court also and following the said judgment, it has been held that Rule
11(4)(ii) of the Tamil Nadu Private Colleges (Regulation) Rules, 1976 will
not apply to a Private Minority College. We do not see any reason to
deviate from the settled legal position that the State’s control over Minority
Colleges or Institutions is only to the extent to ensure that qualified
candidates are appointed.
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5. Hence we see no reason to interfere with the order of the Writ
Court, the Writ Appeal fails and it is accordingly dismissed. The Mandamus
issued by the Writ Court shall be complied with within a period of 12 weeks
from the date of receipt of the copy of this order. There shall be no order as
to costs. Consequently, the connected miscellaneous petition is closed.
(R.SUBRAMANIAN, J.) (G. ARUL MURUGAN, J.)
05.03.2025
jv
Index : No
Neutral Citation : No
Speaking order
To
The Management,
Chief Conservator of Forest (Research),
State Forest Research Institute,
Kolapakkam, Chennai 127.
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R.SUBRAMANIAN, J.
and
G. ARUL MURUGAN, J.
jv
05.03.2025
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