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Madras High CourtWP/32297/2016disposed of

Dr.D.Deleep Packiaraj, v. The Director Of Collegiate

2016-09-16Honourable Mr Justice R.Subbiah6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.32297 of 2016 Dr.D.Deleep Packiaraj ... Petitioner Vs.

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

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to approve the petitioner's appointment as Assistant Professor in Zoology in the Scott Christian College, Nagercoil, in the sanctioned retirement vacancy of Dr.M.Ramani Bai with effect from 20.06.2016 in the light of approval given by the respondent to the similarly placed persons like Dr.N.Santhy in W.P.No.35715 of 2015 dated 16.11.2015 in Na.Ka.No.50256/F2/2015 dated 02.03.2016 with monetary and all other attendant and service benefits based on the representation given by the petitioner dated 04.07.2016.

For Petitioner : M/s.C.R.Rose Radhi Jijo For Respondent : Mr.M.S.Ramesh Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner has come up with the present writ petition for a Mandamus, directing the respondent herein to approve the petitioner's appointment as Assistant Professor in Zoology in the Scott Christian College, Nagercoil, in the sanctioned retirement vacancy of Dr.M.Ramani Bai with effect from 20.06.2016 in the light of approval given by the respondent to the similarly placed persons like Dr.N.Santhy in W.P.No.35715 of 2015 dated 16.11.2015 in Na.Ka.No.50256/F2/2015 dated 02.03.2016 with monetary and all other attendant and service benefits based on the representation given by the petitioner dated 04.07.2016.

3.It is the case of the petitioner that he is a Post Graduate in Zoology possessing the qualification of M.Sc., M.Phil., Ph.D. Originally, he was appointed in the Self-Finance Scheme in the Nesamony Memorial Christian College on 21.07.1993 and subsequently, he was appointed in the sister concern viz., Scott Christian College, Nagercoil, as Assistant Professor in Zoology with effect from 20.06.2016 in the

sanctioned retirement vacancy of Dr.M.Ramani Bai and he has not been paid salary from the management funds.

4.It is the further case of the petitioner that by the proceedings of the Director of Collegiate Education, Chennai, dated 12.10.1999, permission has been granted to fill up the vacancies that arose in the vacant post of the year 1999-2000 on or before 31.03.2000. In the said proceedings, the number of sanctioned posts of Assistant Professor in Zoology for the year 1999-2000 has been set out as 13 and the petitioner has been appointed with effect from 20.06.2016 in the 13th sanctioned post. The Scott Christian College has sent a communication about the workload to the Joint Director of Collegiate Education, Nagercoil and also communicated the same, to the respondent herein and sought permission to fill up the retirement of vacancies of the Assistant Professors, which arose in the year 2016. 5.

It is the further case of the petitioner that there is no provision either in the Tamil Nadu Private Colleges (Regulation) Act, 1976 or in the Tamil Nadu Private Colleges (Regulation) Rules, 1976, that prior permission has to be obtained from the Director of Collegiate Education before filling up a vacant sanctioned post.

retirement vacancy arising out of a sanctioned post. The services of the similarly placed persons like that of the petitioner were approved by the respondent as per the direction of this Court dated 16.11.2015 made in W.P.No.35715 of 2015. In this regard, the petitioner sent a representation dated 04.07.2016 to the respondent requesting to approve his appointment. But, the same was not considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier. 6.I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader who takes notice for the respondent.

7.Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim made by the petitioner, this Court directs the respondent to consider the representation of the petitioner dated 04.07.2016 seeking approval of his appointment as Assistant Professor in Zoology in the Scott Christian College, Nagercoil, in the sanctioned retirement vacancy of Dr.M.Ramani Bai with effect from 20.06.2016, and pass appropriate orders, on merits and in accordance with law and

also in the light of the direction of this Court dated 16.11.2015 made in W.P.No.35715 of 2015 and in the light of the judgment of the Division Bench of this Court dated 11.10.2013 made in W.A.No.2318 of 2011, within a period of four weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of accordingly. No costs. 16.09.2016 pri Index: Yes/ No Internet: Yes/ No To The Director of Collegiate Education, College Road, Chennai - 600 006.

R.SUBBIAH,J.

pri W.P.No.32297 of 2016 16.09.2016