Madras High Court
S.Benita Jeba Silviya vs The Director Of Collegiate Education on 11 September, 2025
W.P(MD)No.8054 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.09.2025
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P(MD)No.8054 of 2025
and
W.M.P(MD)No.6075 of 2025
S.Benita Jeba Silviya ... 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.
3.The Correspondent cum Secretary,
Pope's College (Autonomous),
Sawyerpuram-628 251,
Thoothukudi District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records relating to the impugned proceedings issued by the
second respondent Joint Director in Na.Ka.No.10760/E1/2024, dated
20.01.2025 quash the same and further direct the second respondent Joint
1/7
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W.P(MD)No.8054 of 2025
Director to approve forthwith the appointment of the petitioner as
Assistant Professor in Physics in the third respondent college and to
sanction and disburse the grant in aid to the petitioner towards her salary
and all other attendant benefits with effect from 09.10.2023 and pass
such further or other orders as this Court.
For Petitioner : Mr.T.Cibichakraborthy
For R-1 & R-2 : Mr.N.Satheesh Kumar
Additional Government Pleader
For R-3 : Mr.K.Jeyamohan
ORDER
This writ petition has been filed challenging the impugned order
passed by the second respondent, dated 20.01.2025 and further direct the
second respondent Joint Director to approve forthwith the appointment
of the petitioner as Assistant Professor in Physics in the third respondent
college and to sanction and disburse the grant in aid to the petitioner
towards her salary and all other attendant benefits with effect from
09.10.2023.
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2. The learned Counsel appearing for the petitioner submits that
the impugned order rejecting the proposal for approval is contrary to the
decision of the Division Bench of this Court 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 5 LW 514 and in W.P(MD)Nos.4636 and 4640 of 2021.
He submits that the reasons attributed for rejection that there has been no
prior approval for filling up the post as settled by the judgment of the
Division Bench of this Court in the case of P.Ravichandran (stated
supra). Relying upon the said judgement, he submits that the Division
Bench of this Court held that there is no necessity under the Act and
Rules to fill up a post which has already been sanctioned and therefore,
such reason has been only made to reject the lawful claim of the
petitioner.
3. He further submit that the reasoning in the impugned order is
also fallacious as this Court in W.P(MD)Nos.4636 and 4640 of 2021 had
held that the prescription of Form 7A is not applicable to the minority
Colleges. Therefore, he seeks to set aside the impugned order.
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4. Countering his arguments, the learned Additional Government
Pleader appearing for the respondents 1 and 2, by placing reliance on the
counter affidavit submits that Form 7A would have to be enclosed as per
the Act and Rules governing the institution. He submits that Form 7A
agreement have always been submitted by the institution and he further
submits that only the institution can be said to be an aggrieved person to
maintain a writ petition and not an individual whose approval has been
rejected. Since the third respondent institution has not challenged the
same, the petitioner cannot claim to be an aggrieved person. Therefore,
he prays this Court to dismiss the writ petition.
5. The learned Counsel appearing for the third respondent submit
that he adopts the arguments of the learned Counsel appearing for the
petitioner.
6. I have considered the arguments advanced by the learned
Counsels on either sides.
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7. The respondents had rejected the proposal for approval on the
ground that no prior approval had been obtained for filling up the post
and that Form 7A agreement had not been enclosed along with the
proposal. The requirements of prior sanction and submission of Form 7A
in respect of a minority institution is no longer res integra. As rightly
pointed out by the learned Counsel for the petitioner, the Division Bench
of this Court had held that once a post is a sanctioned post, there is no
requirement for getting prior approval.
8. Similarly, the learned Single Judge of this Court in
W.P(MD)Nos.4636 and 4640 of 2021, had categorically held that the
requirements of submitting an agreement in Form 7A is not applicable to
the minority institutions. There has been no contra judgments produced
on the side of the respondents holding that the aforesaid law laid are no
longer res integra.
9. In view of the same, this Court is of the view that the reasons
attributed in the order impugned would have to be set aside.
Accordingly, the impugned order stands quashed and there shall be a
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direction to the first respondent to grant approval for the appointment on
the proposal submitted by the third respondent. Such exercise shall be
made by the first respondent, within a period of four (4) weeks from the
date of receipt of a copy of this order.
10. The writ petition stands allowed. There shall be no order as to
costs. Consequently, connected Miscellaneous Petition stands closed.
11.09.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
1.The Director of Collegiate Education,
College Road, Chennai-600 006.
2.The Joint Director of Collegiate Education,
Tirunelveli Region,
Tirunelveli-627 002.
3.The Correspondent cum Secretary,
Pope's College (Autonomous),
Sawyerpuram-628 251,
Thoothukudi District.
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K.KUMARESH BABU, J.
BTR
Order made in
11.09.2025
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