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Madras High CourtWP/11368/2020disposed of

Dr.B.Allen David Isaiah v. The Directorate Of Collegiate Education

2022-02-15Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P. No.11368 of 2020 Dr. B. Allen David Isaiah, Assistant Professor in English, Voorhees College Vellore - 632001.

... Petitioner Vs.

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

2. The Joint Director of Collegiate Education, 43, 1st West Cross Street, Gandhi Nagar, Vellore - 632 006.

3. The Secretary, Voorhees College, 13, Ashram Bungalow, Filter-bed Road, Vellore - 632 001. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the third respondent to send the proposal for the purpose of approval of appointment of the petitioner to the second respondent for approval and regularize the services of the petitioner and grant him monetary benefits within a reasonable time frame.

For Petitioner : Mr. Adhithya Varadarajan For Respondents: Mr. V. Velusamy, Additional Government Pleader for R1 and R2 Mr. Muthukumar, for M/s. Paul and Paul, for R3

ORDER

The writ petition has been filed for the issuance of a writ of mandamus directing the third-respondent to send the proposal to the second respondent for the purpose of approval of appointment of the petitioner and regularize the services of the petitioner and to grant him monetary benefits within a reasonable time frame.

2. According to the writ petitioner, the third respondent has called for application for the post of Assistant Professor in English Department and the petitioner applied for the same and got selected as Assistant Professor in the English Department vide VCV-Appointment Order/English/1 dated 20.11.2017, subject to completion of probation for a period of one year.

3. According to the writ petitioner, so far the second respondent has not approved his appointment. Hence the writ petitioner has filed the present writ petition before this Court.

4. The first and second respondents have filed their counter affidavit. It is contended in the said counter that as per Section 14(1)(b) of the Tamil Nadu Private Colleges (Regulation) Act, 1976, the Secretary/College Committee is the appointing authority for the appointment of Teaching and NonTeaching staff of the private college and fix their pay and allowances and define their duties and conditions of their services.

5. It is further contended in the counter affidavit that as and when the proposal of appointment is received for approval from the third respondent college, the same will be considered in accordance with rules and regulations for the purpose of releasing grant in aid by the second respondent herein. According to them, so far, no such proposal has been received from the third respondent. If such proposal is received, the first respondent will consider the said proposal and take appropriate decision and the same will be communicated to the parties.

6. The learned counsel appearing for the third respondent would submit that the proposal will be sent to the second respondent within a period of one week from today.

7. Recording the aforesaid submission made by the learned counsel for the third respondent, it is directed that the third respondent shall submit the proposal to the second respondent within a period of one week from today and on such proposal being received from the third respondent college, the same shall be considered by the first and second respondents in accordance with law within a period of 8 (eight) weeks from the date of receipt of a copy of this order. This court is of the view that delay is caused only by the third respondent in sending the proposal. The writ petition is disposed of with the above direction. No costs. Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar mrn To

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

2. The Joint Director of Collegiate Education, 43, 1st West Cross Street, Gandhi Nagar, Vellore - 632 006.

3. The Secretary, Voorhees College, 13, Ashram Bungalow, Filter-bed Road, Vellore - 632 001.

+1cc to Mr.A.E.Ravichandran, Advocate SR.No.9579 +1cc to Mr.Paul and Paul, Advocate SR.No.10362 +1cc to the Government Pleader, SR.No.9891 W.P. No.11368 of 2020 GPL(CO) CB(22/02/2022)