The Secretary v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-06-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN AND WMP NO. 12544 OF 2024,WMP NO. 12545 OF 2024

1. The Secretary Nirmala College For Women (autonomous) Red Fields, Coimbatore Coimbatore District-641 018.

Petitioner(s) Vs

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, Colelge Road, Chennai-600 006.

3.The Joint Director Of Collegiate Education, Coimbatore Region, Coimbatore, Coimbatore District-641 018.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the impugned orders issued by the 2 nd respondent director in Na.Ka. No.12308/ H1/

2023-2 dated 20.04.2023 and the 3 rd respondent Joint Direction in O.Mu. Nos.

from 26683 to 2693/ E2/ 2023 dated 22.05.2023 quash the same and further direct the 3 rd respondent Joint Director to approve forthwith the appointment of 9 non-teaching staff (Name List annexed) in the petitioner's college and disburse the staff grant towards their salary and allowances with effect from the respective dates of their appointments.

For Petitioner(s):

Ms. H.Mary Gowmi Rexi For M/s.Isaac Chambers For Respondent(s):

Mr.C.Jayaprakash, Govt.Advocate For R1 To R3

ORDER

This Writ petition has been filed to call for the records relating to the impugned orders issued by the 2 nd respondent director in Na.Ka. No.12308/ H1/ 2023-2 dated 20.04.2023 and the 3 rd respondent Joint Direction in O.Mu. Nos.

from 26683 to 2693/ E2/ 2023 dated 22.05.2023 quash the same and further direct the 3 rd respondent Joint Director to approve forthwith the appointment of 9 non-teaching staff (Name List annexed) in the petitioner's college and disburse the staff grant towards their salary and allowances with effect from the respective dates of their appointments.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

3. The learned counsel for the petitioner would submit that they have got sanctioned post under Group D. When the petitioner has sent a proposal before the 3 rd respondent for their approval, the same was rejected by way of the impugned order directing the petitioner to fill up the Group D posts through contractual employment. She would further submit that the petitioner, being a minority institution, they can fill up the sanctioned post on their own, if the proposed candidate has got a required qualification.

4. This issue has already been settled by way of an order in WA.No.574 of 2025 [The State of Tamil Nadu and 2 others Vs. The Principal and Secretary] and would invite the attention of this Court in respect of paragraph 5. The same is as follows:- "5. As we had already adverted to the judgment of a Division Bench of this Court in the State of Tamil Nadu Vs. the Secretary, Nirmala College for Women dealing with the right of the Government to regulate appointments to sanctioned posts in private aided Colleges wherein, it was held as follows:~ "5. The Government issued an order in G.O.Ms.No.219, Higher Education, dated 24.10.2013 directing the Management for outsourcing the vacancies in Group D categories like Sweeper, Scavenger, Cleaner and Gardner. The proposals submitted by the Management was rejected only on the basis of the order in G.O.Ms.No.219 dated 24.10.2013.

6. Rule 11 (1) of the Tamil Nadu Private Colleges (Regulation) Rules, 1976, contain a legislative mandate to fix the staff strength every year. Rule 11 (3) provides that in case of regular vacancy, it is open to the Management to fill up the post on regular basis, the only requirement being that

the candidate should be qualified."

This order has become final. Therefore, we do not find any merit in the appeal. The learned Government Pleader would however, attempt to draw our attention to a judgment of another single Judge of this Court made in W.P.(MD).No.2220 & 2221 of 2016 dated 02.06.2023 wherein, the learned single Judge has upheld the right of the Government to pass a Government order regulating appointments to the sanctioned posts in the Government aided colleges."

Therefore, the rejection is in contravention to the well settled principle of law especially against the judgment of this Court in WA.No.574 of 2025.

5. In view of the same, this writ petition stands allowed and the impugned orders dated 20.04.2023 & 22.05.2023 is hereby quashed. The respondents are directed to approve the proposal within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected WMPs are also closed.

19-06-2025 kmi Index:Yes/No Speaking order Internet:Yes

To 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 Joint Director Of Collegiate Education, Coimbatore Region, Coimbatore, Coimbatore District-641 018.

C.KUMARAPPAN J.

kmi AND WMP NOS. 12544 OF 2024, WMP NO.12545 OF 2024 19-06-2025