Prof. I.Elangovan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2015
CORAM:
THE HONOURABLE MR. SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Writ Petition No. 26832 of 2008 Prof. I. Elangovan
...Petitioner
vs.
1. The Government 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-600 009.
3. The Secretary Sri Ramakrishna Mission Vivekananda College Chennai-600 004.
4. The Secretary Sir Theagarraya College Chennai-600 021.
5. The Secretary Pachaiyappa's College Chennai-600 030.
6. The Secretary Gurunanak College Chennai-600 042.
7. The Secretary C. Kandasamy Naidu College for Men Chennai-600 102.
8. The Secretary D.R.B.C.C.C. Hindu College Chennai-600 072.
9. The Secretary S.I.V.E.T. College Chennai-601 302.
10. The Secretary Pachaiyappa's College for Men Kancheepuram-631 503.
11. The Secretary Salem Sowdeswari College Salem-636 010.
12. The Secretary Gopi Arts Rural and Science College Gobichettipalayam-638 453.
13. The Secretary Chikkaiah Naickar College Erode - 638 004.
14. The Secretary Erode Arts College Erode -608 009.
15. The Secretary Sri Vasavi College Erode - 638 316.
16. The Secretary P.S.G. College of Arts and Science Coimbatore - 641 014.
17. The Secretary Kongunadu College of Arts and Science Coimbatore -641 029.
18. The Secretary C.B.M. College Coimbatore - 641 042.
19. The Secretary Sri Ramakrishna Mission Vidyalaya College of Arts and Science Coimbatore-641 020.
20. The Secretary Nallamuthu Gownder Mahalingam College Pollachi-642 001.
21. The Secretary A.V.V.M. Sri Pushpam College Poondi-613 503.
22. The Secretary A.V.C. College Mayiladuthurai-609 305.
23. The Secretary Poompuhar College Melaiyur-609 107.
24. The Secretary National College Tiruchirappalli-320 001.
25. The Secretary Nehru Memorial College Puthanampatti-621 007.
26. The Secretary Madura College Madurai - 625 001.
27. The Secretary Thiagarajar College Madurai- 625 009.
28. The Secretary Saraswathi Narayanan College Madurai- 625 022.
29. The Secretary Yadava College Madurai -625 014.
30. The Secretary S.Vellaichamy Nadar College Madurai - 625 001.
31. The Secretary Senthamil College Madurai - 625 001.
32. The Secretary Sri Satguru Sangeetha Vidyalayam Madurai - 625 002.
33. The Secretary Vivekananda College Sholavandan Rly. Stn. - 624 617.
34. The Secretary Pasumpon Muthurmalinga Thevar College Usilampatti - 625 532.
35. The Secretary Cardamom Planters Association College Bodinayakanur - 626 513.
36. The Secretary Arulmigu Palani Andavar College of Arts and Science Palani - 624 004.
37. The Secretary G.T.N. Arts College Dindigul - 624 004.
38. The Secretary Pasumpon Muthuramalinga Thevar Memorial College Kamuthi - 623 604.
39. The Secretary VHNSN College Virudhunagar - 626 001.
40. The Secretary Saiva Banu Kshatriya College Aruppukottai - 626 101.
41. The Secretary Rajapalayam Raju's College Rajapalayam - 626 117.
42. The Secretary Sri Ramasamy Naidu Memorial College Sattur - 626 203.
43. The Secretary Ayya Nadar Janaki Ammal College Sivakasi - 626 123.
44. The Secretary Arumugam Pillai Seethaiyammal College Tirupattur - 623 211.
45. The Secretary Sree Sevugan Annamalai College Devakottai - 630 303.
46. The Secretary The M.D.T. Hindu College Tirunelveli - 627 010.
47. The Secretary Tirunelveli Dakshinamara Nadar Sangam College T. Kallikulam - 627 113.
48. The Secretary Pasumpon Muthuramalingam Thevar College Melaneelithanallur - 627 953.
49. The Secretary Thiruvalluvar College Papanasam - 627 425.
50. The Secretary Ambai Arts College Ambasamudram - 627 401.
51. The Secretary Sri Paramakalyani College Alwarkurichi - 627 412.
52. The Secretary Aditanar College of Arts and Science Tiruchendur - 628 216.
53. The Secretary Kamaraj College Tuticorin - 628 003.
54. The Secretary V.O.C. College Tuticorin - 628 008.
55. The Secretary G.V.N. College Kovilpatti - 628 502.
56. The Secretary S.T. Hindu College Nagercoil - 629 002.
57. The Secretary Vivekananda College Agasteeswaram 629 701.
58. The Secretary Pioneer Kumaraswamy College Nagercoil - 629 003.
59. The Secretary Arignar Anna College Aralvaiymoli - 629 301.
60. The Secretary Lakshmipuram College of Arts and Science Neyyoor - 629 802.
61. The Secretary Ethiraj College for Women Chennai - 600 105.
62. The Secretary Chellammal Women's College Chennai - 600 032.
63. The Secretary Meenakshi College for Women Chennai - 600 024.
64. The Secretary S.D.N. B. Vaishvan College for Women Chennai - 600 044.
65. The Secretary Pachaiappa's College for Women Kancheepuram - 631 503.
66. The Secretary D.K.M. College for Women Vellore - 632 001.
67. The Secretary C. Kandaswami Naidu College for Women Cuddalore - 607 001.
68. The Secretary Sri Sarada College for Women Salem 636 016.
69. The Secretary Alamelu Angappan College for Women Komarapalayam - 638 183.
70. The Secretary Vellalar College for Women Erode - 638 009.
71. The Secretary P.S.G. R. Krishnammal College for Women Coimbatore - 641 004.
72. The Secretary G.V.G. Vaisalakshi College for Women Udumalpet - 642 128.
73. The Secretary Emerald Heights College for Women Udhagamandalam - 643 006.
74. The Secretary A.D.M. College for Women Nagapattinam 611 001.
75. The Secretary S.R College of Women Tiruchy - 620 002.
76. The Secretary E.M.G. Kone Yadava Women's College Madurai - 625 014.
77. The Secretary Arulmigu Palani Andavar Arts College for Women Palani - 624 615.
78. The Secretary V.V. Vanniaperumal College for Women Virudhunagar - 626 001.
79. The Secretary The S.F.R. Women's College for women Sivakasi - 626 123.
80. The Secretary Seethalakshmi Achi College for Women Pallathur-630 107.
81. The Secretary Sri Parasakthi College for Women Coutalam - 627 802.
82. The Secretary A.P.C. Mahalakshmi College for Women Tuticorin - 628 002.
83. The Secretary R.M.V. College of Education Coimbatore - 641 020.
84. The Secretary Thiagarajar College of Preceptors Madurai 625 009.
85. The Secretary Lakshmi College of Education Gandhigram - 624 302.
86. The Secretary N.V.K S.D. College of Education Tiruvattur - 629 191.
87. The Secretary V.O.C. College of Education Tuticorin - 628 008.
88. The Secretary N.K.T. National College of Education Chennai - 600 005.
89. The Secretary Sri Saradha College of Education Salem 636 016.
90. The Secretary Srimathi Sivaghana Baala Swamigal Tamil College Mailam - 604 303.
91. The Secretary Thavathiru Santhalinga Adigalar Arts, Science & Tamil College Coimbatore - 641 010.
92. The Secretary Rajah's College Thiruvaiyaru - 613 204.
93. The Secretary Dharmapuram Adinam Arts College Mayiladuthurai - 609 001.
94. The Secretary Ganesar Senthamil College Pudukottai - 622 403.
95. The Secretary Ramasamy Tamil College Karaikudi - 623 001.
96. The Secretary Sri R.M.V.M College of physical Education Coimbatore - 641 020.
97. The Secretary Sri Sarada College of Physical Education Salem - 630 016.
98. The Secretary Madras School of Social Work Chennai 600 008.
99. The Secretary Madurai Institute of Social Sciences Madurai - 625 002.
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing respondents 3 to 99 to appoint SC/ST candidates as Teachers and Non-Teaching Staff in accordance with Rule 11(1-A) of the Tamilnadu Private Colleges (Regulation) Rules, 1976.
For Petitioner :
Mr. V. Ajoy Khose For Respondents :
Mr. K. Karthikeyan Government Advocate (Edn.) -R1 & R2 Mr. M. Sriram for R3, 19 & 77 Mr. S. Sadasivam for R5 Mr. T.S. Baskaran for R90 Mr. Krishna Ravindran for R37 & R42 Mr. M. Ravi for R46 No Appearance for others.
O R D E R
(Made by The Hon'ble The Chief Justice) The petitioner, through this public interest litigation, seeks a writ in the nature of Mandamus against respondents 3 to 99 being Private, Aided & Non-minority Educational Institutions to appoint SC/ST candidates as Teachers and Non-teaching Staff in accordance with Rule 11 (1-A) of the Tamilnadu Private Colleges (Regulation) Rules, 1976.
2. The petition is general in character and there is no specifics as to whether a candidate, who is entitled, has not been recruited. This is so, as the petitioner is a retired Professor. It is trite to say that in service matters, public interest litigations would not be maintainable, in view of the judgment of the Honourable Supreme Court in Duryodhan Sahu (Dr.) v. Jitendra Kumar Mishra, reported in (1998) 7 SCC 273, which has been followed in Bholanath Mukherjee and Others vs. Ramakrishna Mission Vivekananda Centenary College & Others, reported in (2011) 5 SCC 464.
3. Be that as it may, counter affidavit has been filed by the Government, affirming that the Regional Joint Director of the respective regions is the competent authority to verify the appointments made in the respondents Colleges in accordance with the roster system. The current position which emerges from the counter affidavit affirmed in June, 2015 is as under: "6. It is submitted that in the respondents colleges there is a short fall of SC/ST vacancies i.e. 213 teaching and 111 non-teaching posts arisen due to non-filling up of vacant posts. There are 1478 teaching and 1673 non-teaching posts are vacant as on date. In this connection, it is submitted that the Government have constituted a Committee vide their order issued in G.O.(Ms.) No.79, Higher Education (E2) Department, dated 28.05.
2012 to verify the vacancy position to fill up 1379 vacant teaching post in Government and Aided Arts and Science Colleges and Aided Colleges of education arising during the period from 01.06.2011 to 31.05.2015. Based on the above Government Order, the respective Regional Joint Directors have submitted their report before the Director of Collegiate Education, the same is forwarded to Government. As and when the orders received, action will be taken to fill up the existing vacancies. While filling up the vacancies and necessary instruction will be given to the respective colleges to fill up the SC/ST vacancies in the first instance.
It is also submitted that the Government have accorded permission to the Director of Collegiate Education to fill up 243 non-teaching vacancies. It is further submitted that permission is granted for the 1006 Non-teaching posts to fill up by outsourcing method. While sanctioning the posts the respondents college will be instructed to fill unfilled 111 SC/ST vacancies.
It is further submitted that the
respondents college were already instructed to follow the Rule of reservation scrupulously. It is also instructed that, if any deviation made in the roaster system, action will be initiated under Tamil Nadu Private Colleges (Regulation) Act and Rules, 1976 on the erring colleges.
7. It is submitted that whenever the post falls vacant, the educational agency / the College Committee of the Aided Colleges other than Minority Educational Institutions should follow the Rule of reservation prescribed by the Government from time to time and call for a list from Employment Exchange according to the turn in roaster and appointment should be made only from among the list of candidates send by the Employment Exchange. However, it is submitted that the Educational agency / the Secretaries can made advertise in dailies for recruitment only after obtaining a nonavailability certificate from the concerned Employment Exchange.
Further, the Government have issued instructions to the appointing authorities / Educational agency / Secretaries of Aided Colleges should follow the rule of reservation, while making appointments. Further, it is submitted that the Director of Collegiate Education, the second respondent herein, while sanctioning posts to the Government Aided Colleges has clearly indicated in condition no.5 of the conditions that the appointments should be made in accordance with the Rules of reservation."
4. We may add that the non-filling of posts for teaching faculty is in issue, which has arisen even in other proceedings not only qua the SC/ST category, but also the other categories and the feasibility of having adequate number of teachers can hardly be denied. In fact, in this behalf, learned counsel for the petitioner submits that a separate education cess is levied, which is required to be utilised for the purpose of education. Not only that, he submits that 90% of such fund comes through the UGC and only 10% is provided by the State.
5. In view of the legal position aforesaid, though the public interest litigation may not be strictly maintainable, we consider it appropriate to observe that every endeavour should be made to fill both backlog and current vacancies of ST & SC category, as also the other categories to facilitate the education system. The endeavour should be at least to conclude this process during the on-going academic year.
6. The writ petition accordingly stands disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ATR Copies to;
1. The Secretary Government of Tamil Nadu Department of Higher Education Fort St. George Chennai-600 009.
2. The Director of Collegiate Education College Road Chennai-600 009.
1 CC to Mr. Krishna Ravindran, Advocate SR.No. 31658 1 CC to Mr. V. Ajoy Khose, Advocate SR.No. 31548 1 CC to Mr. T.S. Baskaran, Advocate SR.No. 31299 1 CC to Mr. S. Sadasivam, Advocate SR.No. 31211 1 CC to Mr. M. Ravi, Advocate SR.No. 31174 W.P. No. 26832 of 2008 LRS (CO) PSI (08.07.2015)