S.Tamilmalar, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 7.8.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH, ACJ AND THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.20247 of 2018 and W.M.P.No.23750 of 2018 S.Tamilmalar Petitioner

Versus

1 The State of Tamil Nadu Rep. by its Secretary to Govt.

Higher Education Department Fort St. George Chennai - 600 009 2 The Director of Collegiate Education 9th Floor EVK Sampath Buildings College Road Chennai - 600 006 3 Teachers Recruitment Board Rep. by its Member Secretary 4th Floor EVK Sampath Maaligai DPI Compound College Road Chennai - 600 006 4 The Government Arts and Science College for Women Rep. by its Principal Barugur Krishnagiri District.

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent No.1 to amend the Tamil Nadu Collegiate Educational Service rules reserving certain percentage of Assistant Professors posts in Government and Government Aided Colleges for the non-teaching staff possessing the requisite qualifications for the post of Assistant Professors as per University Grants Commission norms.

For petitioner : Ms.C.Uma For respondent : Mr.S.T.S.Murthi, Additional Advocate General assisted by Mr.C.Munusamy, Special Government Pleader

ORDER

(Order of the court was made by HULUVADI G.RAMESH,ACJ.) Heard the learned counsel appearing for the petitioner and the learned Additional Advocate General on behalf of the official respondents.

2. The writ petition has been filed seeking issuance of a mandamus directing the respondent No.1 to amend the Tamil Nadu Collegiate Educational Service rules reserving certain percentage of Assistant Professors posts in Government and Government Aided Colleges for the non-teaching staff possessing the requisite qualifications for the post of Assistant Professors as per University Grants Commission norms.

3. The nature of prayer in the writ petition is a direction to the authorities to amend the rules with regard to some reservation in the post of Assistant Professor in Government and Government Aided Colleges for the non-teaching staff.

4. Having heard the learned counsel appearing for the parties, this court is of the view that the claim of the petitioner is in no way concerned with public interest. It is the prerogative of the legislature or the University concerned to frame the rule and to amend the same. If at all the petitioner has any grievance, she can approach the University concerned or the Government Body by making a representation and in such event, that would be considered in accordance with law. The present writ petition cannot be treated as one of public interest. Accordingly, it is disposed of. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar To:

1 The Secretary to Government, The State of Tamil Nadu Higher Education Department Fort St. George Chennai - 600 009 2 The Director of Collegiate Education 9th Floor EVK Sampath Buildings College Road Chennai - 600 006

3 The Member Secretary Teachers Recruitment Board 4th Floor EVK Sampath Maaligai DPI Compound College Road Chennai - 600 006 4 The Principal The Government Arts and Science College for Women Barugur Krishnagiri District.

+1cc to Mr.C.Uma, Advocate SR.No.54197 +1cc to Government Pleader SR.No.54760 W.P.No.20247 of 2018 AK(CO) SMI/29.08.2018