Dr.A.Evangeline Jemi, v. The Director Of Collegiate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2016

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.16338 of 2016 Dr.A.Evangeline Jemi ... Petitioner Vs.

1.The Director of Collegiate Education, College Road, Chennai-600 006.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-627 007.

3.The Secretary-cum-Correspondent, Scott Christian College, Nagercoil, Kanyakumari District.

... Respondents Prayer:Petition filed under Article 226 of The Constitution of India praying to issue a writ of Mandamus, directing the first respondent herein to approve and regularize the petitioner's appointment as Lecturer in English in the Scott Christian College, Nagercoil, in the sanctioned retirement vacancy of Dr.J.Dinakarlal Thavamony with effect from 01.05.2008 to 06.07.2014 in the light of the approval given by the first respondent to the similarly placed person in Na.Ka.No.19837/F2/2007 dated 14.03.2014 and Na.Ka.No.33733/F2/2005 dated 01.09.2014 in W.P. No.17368 of 2005 dated 29.06.2005, W.A. Nos.140, 811 of 2006 and 809 of 2007 and in SLP. Nos.19526 to 19528 of 2013 with monetary and service and all other benefits for the said period based on the representation given by the petitioner dated 07.01.2016. For Petitioner : Mrs.A.V.Bharathi for Mr.E.Martin Jayakumar For Respondent : Mr.R.Vijayakumar, Nos.1 & 2 Additional Government Pleader For Respondent : Mr.S.Bharathirajan No.3

O R D E R

This Writ Petition has been filed by the petitioner, seeking a Mandamus, directing the first respondent herein to approve and regularize her appointment as Lecturer in English in the Scott Christian College, Nagercoil, in the sanctioned retirement vacancy of Dr.J.Dinakarlal Thavamony with effect from 01.05.2008 to 06.07.2014 in the light of the approval given by the first respondent to the similarly placed person in Na.Ka.No.19837/F2/2007 dated 14.03.2014 and Na.Ka.No.33733/F2/2005 dated 01.09.2014 in W.P. No.17368 of 2005 dated 29.06.2005, W.A. Nos.140, 811 of 2006 and 809 of 2007 and in SLP. Nos.19526 to 19528 of 2013 with monetary and service and all other benefits for the said period based on the representation dated 07.01.2016 given by her. 2.Heard the learned counsel appearing for the parties. 3.

The learned counsel appearing for the petitioner submitted that petitioner who is possessing the qualification of M.A., M.Phil. & Ph.D in English, was originally appointed as Lecturer in English in Self-financed with effect from 01.05.2008 and subsequently she has been appointed as Lecturer in English in Scott Christian College, Nagercoil, with effect from 01.05.2008 in the retirement vacancy of the said Dr.J.Dinakarlal Thavamony by virtue of the appointment order issued by the Secretary of the Scott Christian College, Nagercoil in a sanctioned post.

Subsequently, when vacancy arose, her appointment was sanctioned by the second respondent in his proceedings vide Ne.Mu.No.4728/E1/2015 dated 28.08.2015, with effect from 07.07.2014. Considering the fact that the petitioner has been working continuously, based on the Government Order, the first respondent, vide order bearing Na.Ka.No.21663/G3/2011 dated 04.07.2014, approved the petitioner's appointment and thereupon, she was paid with salary. But the grievance of the petitioner is that although she was appointed in the sanctioned vacancy on 01.05.2008, the first respondent while regularising her appointment, ought to have issued the approval order with effect from 01.05.2008 and therefore, pleaded to regularise her service from 01.05.2008 and pay her with salary and other benefits with effect from 01.05.2008.

4.The learned counsel for the petitioner submitted that petitioner has sent a representation to the first respondent dated 07.01.2016 in regard to regularisation of her service from 01.05.2008 and to pay her salary with effect from 01.05.2008. In support of his contention, the learned counsel for the petitioner also placed two reported judgments of this Court namely, W.P.No.664 of 2016 [V.Bena Jothy V. The Director of Collegiate Education, Chennai & Others, CDJ 2016 MHC 551] and in W.P.No.3244 of 2011 [C.Sundara Raj V. The State of Tamil Nadu

rep. by its Secretary, Department of Higher Education, Chennai & Others, CDJ 2015 MHC 8188]. The learned counsel, also taking aid of the orders passed by this Court, contended that when a teacher is appointed in any sanctioned vacancy, then refusal to approve the said appointment, which is made in the sanctioned post, is contrary to the decisions of this Court dated 10.04.1995 in W.P.No.2093 of 1994 and in another order dated 13.09.1996 in W.P.No.6758 of 1998. Further, the learned counsel for the petitioner, reiterating the ratio, submitted that if any teaching faculty is appointed in any Minority Institution receiving aid from the Government, the Director of Collegiate Education cannot insist Private Aided College Managements to get prior permission to fill up the vacant posts available in the sanctioned posts, by issuing circulars.

A perusal of the above ratio clearly shows that the Hon'ble Division Bench of this Court has answered clearly that no prior approval is necessary for filling up of any vacant post in any Private College, if it is already a sanctioned post in the same school. It is pertinent to extract the relevant portion of the decision of the Hon'ble Division Bench of this Court in P.Ravichandran V. State of Tamil Nadu, rep.

"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.

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.

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 non-teaching staff are concerned, the candidate must possess the qualification prescribed by the Government. ..."

5.The learned Additional Government Pleader, also taking instructions from the Director of Collegiate Education (F.A.C.), Chennai, by letter in R.C.No.4594/F2/2016 dated 15.02.2016, submitted that petitioner's representation would be considered in accordance with the Tamil Nadu Private College Regulations and Rules, 1976. He also sought time to consider and dispose of the petitioner's representation dated 07.01.2016. 6.On mere perusal of the above observation it clearly shows that the first respondent, while granting approval to the petitioner's appointment, in my considered view, ought to have approved her appointment with effect from 01.05.2008. Since in the present case, the order of approval has been given only from 07.07.2014, this Court hereby directs the first respondent to consider and dispose of the petitioner's representation dated 07.01.2016 and regularise the service of the petitioner from 01.05.2008 and to pay the salary and other benefits with effect from 01.05.2008, within a period of six weeks from the date of receipt of a copy of this order.

7.The Writ Petition is disposed of accordingly. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar vga To 1.The Director of Collegiate Education, College Road, Chennai-600 006.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-627 007.

3.The Secretary-cum-Correspondent, Scott Christian College, Nagercoil, Kanyakumari District.

+1 cc to Mr.E.Martin Jeyakumar Advocate sr.27319 +1 cc to S.Bharathi Rajan Advocate sr.27249 W.P.No.16338 of 2016 mp(co) aa18/05/2016