Sri Vasavi College v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Sri Vasavi College, Vasavi College Post, Erode - 638316, Represented by its Secretary Thiru.G.Rajaarathinam.
... Petitioner Vs.
1.The State of Tamil Nadu, represented by its Principal Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.
2.The Director of Collegiate Education, I.A.S.E. Campus, No.577, Anna Salai, Saidapet, Chennai - 600 015.
3.The Joint Director of Collegiate Education, Coimbatore Region, Coimbatore - 641 018.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 2 and 3 herein to approve the appointment of 12 Non-Teaching Staffs in the Petitioner College as per the schedule annexed, with all monetary and service benefits, including back wages.
For Petitioner : Mr.Rajesh A 1/6
For Respondents : Mr.C.Jayaprakash Government Advocate
O R D E R
By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.
2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondents 2 and 3 herein to approve the appointment of 12 Non-Teaching Staffs in the Petitioner College as per the schedule annexed, with all monetary and service benefits, including back wages.
3. Heard the learned counsel for both sides and perused the materials available on record.
4. The learned counsel for the petitioner would submit that the Petitioner/College is a reputed Educational Institution and the 2nd respondent had sanctioned 12 posts under Group-D categories, vide their Proceedings in Na.Ka.No.16068/GC/2022, dated 20.01.2023. Thereafter, by following all 2/6
due procedures and giving wide publication, the petitioner-college has recruited 12 Group-D employees and appointed them on 18.01.2024 and for seeking approval, the Petitioner-College has sent separate proposal to the 3rd respondent on 05.02.2024 and such proposal is yet to be considered by the 3rd respondent.
5. The learned counsel for the petitioner would further submit that whenever there is a vacancy in the approved sanctioned post, the Aided College can fill it up by following communal roster and applicable rules and such position has been settled by the judgment of the Division Bench of this Court in W.A.No.2348 of 2024, dated 27.01.2025. Hence, prayed to order the same.
6. At this juncture, the learned Government Advocate appearing for the respondents would submit that they would consider the petitioner's proposal dated 05.02.2024 by following all the precedents on the subjects, within a reasonable time.
7. In such view of the submission, without going into the merits of the 3/6
writ petition, this Court deems it appropriate to direct the 3rd respondent to consider the petitioner's separate proposal dated 05.02.2024, which is pending for more than one year and pass orders on it's own merits and in accordance with law, within a period of three weeks from the date of receipt of copy of this order.
8. With the above direction, the Writ Petition is disposed of. No costs. 04.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6
To 1.The Principal Secretary to Government, State of Tamil Nadu, Higher Education Department, Secretariat, Chennai - 600 009.
2.The Director of Collegiate Education, I.A.S.E. Campus, No.577, Anna Salai, Saidapet, Chennai - 600 015.
3.The Joint Director of Collegiate Education, Coimbatore Region, Coimbatore - 641 018.
5/6
C.KUMARAPPAN, J.
dm 04.07.2025 6/6