Allowed

Ms.C.Anuba, v. Director of Collectiate

Madras HC29 Jun 2015WP/11004/2015

Case brief

AI extract

What is this about?

Single Judge held that aided minority colleges are not required to seek prior approval from the Director to fill sanctioned vacancies arising from retirement or death. Directing respondents to approve teachers' appointments and sanction grants within four weeks.

What did the court decide?

First and second respondents directed to grant approval to appointments within four weeks; third respondent directed to approve qualifications accordingly.

Ms.C.Anuba, Vs Director of Collectiate — Education and Admissions | Madras HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 29.06.2015

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN

¶5

W.P.Nos.11004 to 11014 of 2015

¶6

MS. C.ANUBA ..PETITIONER	IN WP.11004 OF 2015
DR.S.MEMUKHAN GNANAMONY ..PETITIONER	IN WP.11005 OF 2015
MS.S.K.JISHA ..PETITIONER	IN WP.11006 OF 2015
DR.A.SEILAN ..PETITIONER	IN WP.11007 OF 2015
DR.N.AMUTHA KUMARI ..PETITIONER DR.A.YARDILY ..PETITIONER DR.A.G.SEGON ROY ..PETITIONER DR.S.SUJANA BAI ..PETITIONER DR.A.JEENA PEARL ..PETITIONER DR.N.DHARMARAJ ..PETITIONER DR.K.JAYA SEELA ..PETITIONER	IN WP.11008 OF 2015 IN WP.11009 OF 2015 IN WP.11010 OF 2015 IN WP.11011 OF 2015 IN WP.11012 OF 2015 IN WP.11013 OF 2015 IN WP.11014 OF 2015
Vs
1. THE DIRECTOR OF COLLEGIATE EDUCATION COLLEGE ROAD CHENNAI-6. 2. THE JOINT DIRECTOR OF COLLEGE EDUCATION
THIRUNELVELI REGION THIRUNELVELI- 627 007.
3. THE REGISTRAR MANONMANIUM SUNDARANAR UNIVERSITY THIRUNELVELI DISTRICT
4. THE SECRETARY SCOTT CHRISTIAN COLLEGE NAGERCOIL, KANYAKUMARI DISTRICT. ..	RESPONDENTS IN ALL WPs

¶7

WP.No.11004 of 2015:

¶8

¶9

https://hcservices.ecourts.gov.in/hcservices/

¶10

No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003, 13119 of 2003 and 17368 of 2005 dated 11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶11

WP.11005 OF 2015

¶12

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to directing the 1st respondent herein to approve the petitioner appointment as Assistant Professor in Commerce in the Scott Christian College, Nagercoil, in the sanctioned Retirement Vacancy of Dr.X.Antony Thanaraj with effect from 18.6.2014 with monetary and all other attendant and service benefits based on the similarly placed persons Mr.D.Deva Sampath, Mr.G.Isac Arul Dhas, Mr.D.Arul Dhas, Tmt.J.Premakumari, Tmt.J.Renuka Rathanavathi and Dr.Leena appointment were approved by the 1st respondent in the light of the Proceedings in Na.Ka. No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003, 13119 of 2003 and 17368 of 2005 dated 11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶13

WP.No.11006 of 2015

¶14

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to directing the 1st respondent herein to approve the petitioner appointment as Assistant Professor in Malayalam in the Scott Christian College Nagercoil in the sanctioned Retirement Vacancy of Mr.M.Y.George with effect from 22.12.2014 with monetary and all other attendant and service benefits based on the similarly placed persons Mr.D.Deva Sampath, Mr.G.Isac Arul Dhas, Mr.D.Arul Dhas, Tmt.J.Premakumari, Tmt.J.Renuka Rathanavathi and Dr.Leena appointment were approved by the 1st respondent in the light of the Proceedings in Na.Ka. No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003 13119 of 2003 and 17368 of 2005 dated 11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶15

WP.No.11007 of 2015

¶16

¶17

https://hcservices.ecourts.gov.in/hcservices/

¶18

the sanctioned Retirement Vacancy of Dr.S.Johanna Thamayanthi with effect from 18.6.2014 with monetary and all other attendant and service benefits based on the similarly placed persons Mr.D.Deva Sampath Mr.G.Isac Arul Dhas Mr.D.Arul Dhas Tmt.J.Premakumari Tmt.J.Renuka Rathanavathi and Dr.Leena appointment were approved by the 1st respondent in the light of the Proceedings in Na.Ka. No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003, 13119 of 2003 and 17368 of 2005 dated 11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶19

WP.No.11008 of 2015

¶20

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to directing the 1st respondent herein to approve the petitioner appointment as Assistant Professor in History in the Scott Christian College Nagercoil in the sanctioned Retirement Vacancy of Dr.N.Samraj with effect from 10.09.2014 with monetary and all other attendant and service benefits based on the similarly placed persons Mr.D.Deva Sampath Mr.G.Isac Arul Dhas Mr.D.Arul Dhas Tmt.J.Premakumari Tmt.J.Renuka Rathanavathi and Dr.Leena appointment were approved by the 1st respondent in the light of the Proceedings in Na.Ka. No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003 13119 of 2003 and 17368 of 2005 dated 11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶21

WP.No.11009 of 2015

¶22

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to directing the 1st respondent herein to approve the petitioner appointment as Assistant Professor in Chemistry in the Scott Christian College Nagercoil in the sanctioned Retirement Vacancy of Dr.D.Vetha Roy with effect from 18.6.2014 with monetary and all other attendant and service benefits based on the similarly placed persons Mr.D.Deva Sampath Mr.G.Isac Arul Dhas Mr.D.Arul Dhas Tmt.J.Premakumari Tmt.J.Renuka Rathanavathi and Dr.Leena appointment were approved by the 1st respondent in the light of the Proceedings in Na.Ka. No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003, 13119 of 2003 and 17368 of 2005 dated 11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶23

https://hcservices.ecourts.gov.in/hcservices/

¶24

WP.No.11010 of 2015

¶25

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to directing the 1st respondent herein to approve the petitioner appointment as Assistant Professor in Commerce in the Scott Christian College Nagercoil in the sanctioned Retirement Vacancy of Mrs.Emily Anna Packiam Indra George with effect from 18.6.2014 with monetary and all other attendant and service benefits based on the similarly placed persons Mr.D.Deva Sampath Mr.G.Isac Arul Dhas Mr.D.Arul Dhas Tmt.J.Premakumari Tmt.J.Renuka Rathanavathi and Dr.Leena appointment were approved by the 1st respondent in the light of the Proceedings in Na.Ka. No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003, 13119 of 2003 and 17368 of 2005 dated 11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶26

WP.No.11011 of 2015

¶27

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to directing the 1st respondent herein to approve the petitioner appointment as Assistant Professor in Tamil in the Scott Christian College Nagercoil in the sanctioned Retirement Vacancy of Dr.T.Angel Glory Bai with effect from 18.6.2014 with monetary and all other attendant and service benefits based on the similarly placed persons Mr.D.Deva Sampath Mr.G.Isac Arul Dhas Mr.D.Arul Dhas Tmt.J.Premakumari Tmt.J.Renuka Rathanavathi and Dr.Leena appointment were approved by the 1st respondent in the light of the Proceedings in Na.Ka. No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003, 13119 of 2003 and 17368 of 2005 dated 11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶28

WP.11012 OF 2015

¶29

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to directing the 1st respondent herein to approve the petitioner appointment as Assistant Professor in Chemistry in the Scott Christian College Nagercoil in the sanctioned Retirement Vacancy of Mr.John Samuel with effect from 18.6.2014 with monetary and all other attendant and service benefits based on the similarly placed persons Mr.D.Deva Sampath Mr.G.Isac Arul Dhas Mr.D.Arul Dhas Tmt.J.Premakumari Tmt.J.Renuka Rathanavathi and Dr.Leena appointment were approved by the 1st respondent in the light of the Proceedings in Na.Ka. No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003 13119 of 2003 and 17368 of 2005 dated

¶30

https://hcservices.ecourts.gov.in/hcservices/

¶31

11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶32

WP.No.11013 of 2015

¶33

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to directing the 1st respondent herein to approve the petitioner appointment as Assistant Professor in Economics in the Scott Christian College Nagercoil in the sanctioned Retirement Vacancy of Dr.S.Seril Kanmani with effect from 18.6.2014 with monetary and all other attendant and service benefits based on the similarly placed persons Mr.D.Deva Sampath Mr.G.Isac Arul Dhas Mr.D.Arul Dhas Tmt.J.Premakumari Tmt.J.Renuka Rathanavathi and Dr.Leena appointment were approved by the 1st respondent in the light of the Proceedings in Na.Ka. No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003, 13119 of 2003 and 17368 of 2005 dated 11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶34

WP.No.11014 of 2015

¶35

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to directing the 1st respondent herein to approve the petitioner appointment as Assistant Professor in Tamil in the Scott Christian College Nagercoil in the sanctioned Retirement Vacancy of Dr.E.Stanley Bai with effect from 18.6.2014 with monetary and all other attendant and service benefits based on the similarly placed persons Mr.D.Deva Sampath Mr.G.Isac Arul Dhas Mr.D.Arul Dhas Tmt.J.Premakumari Tmt.J.Renuka Rathanavathi and Dr.Leena appointment were approved by the 1st respondent in the light of the Proceedings in Na.Ka. No.19837/ F2/2007 dated 14.3.2014 Na.Ka. No.33733/ F2/2005 dated 1.9.2014 and Na.Ka. No.20504/ F2/2014 dated 11.11.2014 based on the orders passed in W.P.Nos.36325 of 2003, 13119 of 2003 and 17368 of 2005 dated 11.12.2003, 21.01.2004 & 29.06.2005, W.A.Nos. 140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos. 19526 - 19528 of 2013 dated 29.11.2013.

¶36

Mr.Vishnu Chelliah for Mr.Ajmal Associates - R3

¶37

Mr.G.Samedwinraj - R4

¶38

https://hcservices.ecourts.gov.in/hcservices/

¶39

C O M M O N O R D E R

¶40

With the consent of both sides, the Writ Petitions are taken up for final disposal.

¶41

2.The petitioners are appointed either in the vacancy that arose due to retirement or due to death of Assistant Professor in the concerned faculty. The details relating to the vacancy and the date of appointment of each of the petitioner is given in the tabular column:

¶42

W.P.Nos.11004 to 11014 of 2015

¶43

S.R. W.P.Nos. Petitioners Name, Vacancy with Date of
Qualification and date Appointment
NO.
Faculty
1 11004 of C.Anuba, M.Sc., M.Phil, Retirement 04.08.2014
2015 B.Ed., SLET (Page.No.30- on
(Page No.109)
34) 31.05.2012
Assistant. Professor in
Chemistry
2. 11005 of Dr.S.Memukhan Gnanamony Retirement 18.06.2014
2015 on
M.Sc., M.Phil, Phd. (Page No.110)
31.05.2014
(Page.No.35-45)
Assistant Professor in
Commerce
3. 11006 of S.K.Jisha, M.A., M.Phil, Retirement 22.06.2014
2015 NET, SLET (Page No.94- on
(Page No.119)
99) 31.05.2013
Assistant Professor in
Malayalam
4. 11007 of Dr.A.Seilan, Retirement 18.06.2014
2015 M.A.,M.Phil, P.hd, NET on
(Page No.110)
(Page.No.61-65) 31.05.2013
Assistant Professor in
Economics.
5. 11008 of Dr.N.Amutha Kumari, M.A, Retirement 10.09.2014
2015 M.Phil, P.hd (Page on
(Page No.114)
No.88-93) 31.05.2014
Assistant Professor in
History

¶44

https://hcservices.ecourts.gov.in/hcservices/

¶45

S.R. NO.	W.P.Nos. Petitioners Name, Qualification and Faculty	Vacancy with date	Date of Appointment
6.	11009 of 2015 Dr.A.Yardily, M.Sc., M.Phil, P.hd (page No.70-77)	Retirement on 31.05.2012	18.06.2014 (Page No.110)
	Assistant Professor in Chemistry
7.	11010 of 2015 Dr.A.G.Segon Roy, M.Sc., M.Phil,P.hd. (page No.46-50) Assistant Professor in Commerce	Death on 18.02.2014	18.06.2014 (Page No.111)
8.	11011 of 2015 Dr.S.Sujana Bai, M.A, M.Phil, P.hd., SLET (Page No.55-60) Assistant Professor in Tamil	Retirement on 31.05.2014	18.06.2014 (Page No.113)
9.	11012 of 2015 Dr.A.Jeena Pearl, M.Sc, M.Phil, P.Hd, SLET (Page No.55-60)	Retirement on 31.05.2012	18.06.2014 (Page No.117)
10	11013 of 2015 Dr.N.Dharamaraj, M.A.,M.Phil, P.hd, (Page.No.66-69) Assistant Professor in Economics	Retirement on 31.05.2014	18.06.2014 (Page No.115)
11	11014 of 2015 Dr.K.Jayaseela, M.A.,M.Phil, P.hd, (Page No.51-54) Assistant Professor in Tamil	Retirement on 31.05.2014	18.06.2014 (Page.No.112)

¶46

3.The petitioners are appointed as stated above in the fourth respondent College, an aided minority institution. Since the petitioners are appointed against the regular vacancies that arose due to death/retirement, their appointments have to be approved for the purpose of grant by the Joint Director of Collegiate Education, Tirunelveli Region, the second respondent herein, subject to the approval of the qualification of the petitioners by the third respondent University, as per Section 15 of the Tamil Nadu Private Colleges Regulation Act.

¶47

4.Under normal circumstances, after appointment in a regular vacancy, the College used to send proposal to the concerned University, seeking approval of qualification under Section 15 of

¶48

https://hcservices.ecourts.gov.in/hcservices/

¶49

Tamil Nadu Private Colleges Regulation Act. After getting approval, the College would seek grant for those appointments from the concerned Joint Director of Collegiate Education and the Joint Director concerned is bound to sanction grant if the Teachers were appointed against the regular vacancy and if they are in possession of the requisite qualification as approved by the University.

¶50

5.But, the Director of Collegiate Education issued the proceedings dated 07.04.2015, to the third respondent University, stating that they should not grant approval for the qualification unless the concerned authority sanction the grant.

¶51

6.At this juncture, it is relevant to extract the letter of the Director of Collegiate Education dated 07.04.2015:

¶52

"ghh;itapy; fhQqk; foj';fs; kPJ j';fspd; ftdj;jpid bfhzu tpiHfpnwd;/

¶53

ghh;it 2?y; fhQqk; j';fs; fojj;jpy; muR cjtp bgWk; fy;Y} hpfspy; epakdk; bra;ag;gl;l Mrphpah;fs; rhh;ghf fy;tpj; jFjpf;fhd xg;g[jy; mspg;gjw;F gy;fiyf;fHfk; fy;Y}hpf; fy;tp ,af;Fehpd; gzpapl xg;gspg;g[ Mizapid rhpghh;f;f ntz;oaJ mtrpakh vd;gij bjspt[gLj;j nfhhpa[s;sPh;fs;/

¶54

,J bjhlh;ghf ghh;it 1?y; fhQqk; ,t;tYtyf fojj;jpy; fPHf;fz;l tpsf;fk; j';fSf;F mspf;fg;gl;Ls;sJ/

¶55

muR cjt[ bgWk; fy;Y}hpfspy; epakdk; bra;ag;gl;l Mrphpah;fspd; fy;tpj; jFjpf;F xg;g[jy; mspg;gjw;F. rhh;e;j gy;fiyf;fHfk; fy;Y}hpf; fy;tp ,af;Fehpd; gzpapl xg;gspg;g

¶56

[ Mizapid jw;bghGJ cs;s eilKiwapd;go nfl;f njit vHtpy;iy vdt[k; kw;Wk; muR cjt[ bgWk; jdpahh; fy;Y}hpfs; ,J bjhlh;ghf ePjpkd;w';fspy; mof;fo tHf;Ffs; jhf;fy; bra;ag;gLtij jtph;f;Fk; bghUl;L. kpft[k; fhyjhkjkhf xg;g[jy; tH';fg;gLk; njh;t[fspy; kl;Lk;. njitg;gl;lhy;. gy;fiyf;fHfk; fy;Y}hpf; fy;tp ,af;Fehpd; gzpapl xg;gspg;g[ (Post Sanction Order) Mizapid nfhhp rhpghh;f;fyhk; vdt[k; bjhptpf;fg;gl;lJ/

¶57

,e;epiyapy; muR cjtp bgWk; fy;Y}hpfspy; (rpWghd;ik fy;Y} hpfs; cl;gl) epakdk; bra;ag;gLk; Mrphpah;fspd; fy;tpj; jFjpf;F xg;g[jy; tH';Fk;nghJ rhh;e;j gy;fiyf;fHfk; fy;Y}hpf; fy;tp , af;Fehpd; gzpapl xg;gspg;g[ (Post Sanction Order) Mizapid

¶58

https://hcservices.ecourts.gov.in/hcservices/

¶59

rhpghh;j;J gpd;dh; fy;tpj; jFjpf;F xg;g[jy; tH';fyhk;/ nkYk; fy;Y}hpf; fy;tp ,af;Fehpd; gzpapl xg;gspg;g[ Miz bgwhky; fy;tpj; jFjp xg;g[jy; nfhUk; fUj;Jf;fs; kPJ bjhlug;glntz;oa eltof;if Fwpj;J murpd; Miz bgwg;gl;l gpd; fy;Y}hpf; fy;tp ,af;Feuhy; bjsptiu tH';fg;gLk; vdj; bjhptpj;Jf; bfhs;fpnwd;/

¶60

7.Common Counter affidavit has been filed by the respondents, stating that prior approval shall be obtained from the Director before filling up the regular vacancy. The first respondent relied on Rule 11 (1) of the Tamil Nadu Private Colleges (Regulation) Rules, 1976 and the same is extracted hereunder:

¶61

"The number of teacher employed in a College shall not exceed the number of posts fixed by the Director from time to time with reference to the academic requirements and norms of work-load prescribed by the respective Universities and overall financial considerations."

¶62

8.In an identical matter, this Court passed an order dated 3.9.2014 in W.P.(MD) No.5486 of 2014, directing to sanction grant to the post of a College Teacher who was appointed in the regular vacancy. For better appreciation, paragraph 8 of the order is extracted hereunder:

¶63

"8.The third respondent, without considering the application on merits, returned it on the ground that the Commissioner is now seized of the matter. The impugned order is bereft of particulars. The third respondent failed to indicate as to why such a Commission was appointed by the Government. Even if a Commission was appointed, still the third respondent has no authority to keep the application for approval pending or to return it, without forwarding it to the Government. I am, therefore, not in a position to support the order passed by the third respondent."

¶64

9.It is a well settled law by catena of decisions that whenever sanctioned posts are there and any vacancy arises due to retirement, death or resignation of the persons holding those posts, the same should be filled up by the concerned aided Institution without loss of time, so that the education of the students would not be affected and the education of the students is a paramount consideration in these matters. It is a different matter if a Teacher is appointed beyond the sanctioned strength. In this case, it is not in dispute that the petitioners were appointed by the fourth respondent College in the sanctioned post. Furthermore, the fourth respondent is a Minority Institution governed by Article 30 of the Constitution of India.

¶65

10.It is also useful to refer to paragraph No.20 of the order of the Hon'ble Division Bench of this Court in the case of P.

¶66

https://hcservices.ecourts.gov.in/hcservices/

¶67

Ravichandran Vs State of Tamil Nadu, [2013 (7) MLJ 641]. Paragraph No.20, is as follows:

¶68

"20. In the light of the above findings as well as the decisions, we conclude this Judgment in the following manner:

¶69

(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.

¶70

(2) If the appointment made by the College Committee in the sanctioned vacant post is in violation of any of the statutory provision, it is open to the Regional Joint Director of Collegiate Education to deny grant-in-aid to the said person appointed in the vacant post.

¶71

(3) The teaching staff appointed must be fully qualified, whose qualification is approved by the University to which the college is affiliated. Insofar as the nonteaching staff are concerned, the candidate must possess the qualification prescribed by the Government.

¶72

(4) The College Committee while filling up the vacant post, should follow the procedures stated in Rule 11(1A) to 11(4) (ii).

¶73

(5) If there is no rival candidate for any post, the appointment is bound to be approved for the purpose of payment of pay and allowances, by the Regional Joint Director of Collegiate Education.

¶74

The writ appeal is disposed of with the above directions. No costs."

¶75

https://hcservices.ecourts.gov.in/hcservices/

¶76

11.Further, in various Judgments, this Court interfered with the action of the educational authorities in refusing to approve the appointment of Teachers in the post sanctioned by stating one reason or another, since those action would ultimately seriously affect the poor students who will seek admission in various courses in Aided Colleges, wherein no fee or nominal fee, is collected. In these circumstances, whenever a post is vacant on account of resignation, retirement or death, the concerned College shall fill up the post by a qualified Teacher, without loss of time, in the interest of the students.

¶77

12.In view of the above, the first and second respondents are directed to grant approval to the appointment of the petitioners as they were appointed against the regular vacancy due to retirement/death, within a period of four weeks from the date of receipt of a copy of this order and on such order being passed by the respondents 1 & 2, the third respondent is directed to grant approval for qualification based on records, within a period of four weeks thereafter.

¶78

The Writ Petitions are disposed of accordingly. No costs.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
rpa
To
1. Director of Collegiate
Education College Road Chennai-6.
2. The Joint Director of College Education
Thirunelveli Region
Thirunelveli- 627 007.
3. The Registrar,
Manonmanium Sundaranar University,
Tirunelveli District.
+3cc's to Mr.A.V.Bharathi, Advocate, S.R.No.31788
+1cc to M/s.Ajmal Associates, Advocate, S.R.No.31875

¶79

W.P.Nos.11004 to 11014 of 2015 CNR(CO) CA(10/07/2015)

¶80

https://hcservices.ecourts.gov.in/hcservices/

Ms.C.Anuba, v. Director of Collectiate

Case brief

What is this about?

What did the court decide?

Ms.C.Anuba, v. Director of Collectiate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.Parvathi Vs Kannappan

D.Vasantharaja Vs Ashok Kumar IPS

R.Natarajan Vs N.S.Palaniappan

R.Rengaraju, Vs the State of Tamil Nadu

R.Thangarasu, Vs the Secretary to Government

S.Anbumuthu, Vs the Secretary to Government