C.Abdul Hakeem College v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN And W.M.P.Nos.29841 and 29846 of 2025 C.Abdul Hakeem College, Rep. by its Secretary Dr.S.Z.Abrar Ahmed ... Petitioner in both the W.Ps.
Vs.
1.The Government of Tamil Nadu, Represented by the Principal Secretary, Higher Education Department, Fort St.George, Chennai - 600 009.
2.The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.
3.The Regional Joint Director of Collegiate Education, Vellore Region, 43, 1st West Cross Street, Gandhi Nagar, Vellore - 632 006.
... Respondents in both the W.Ps.
Prayer in W.P.No.26544 of 2025:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to permit the 1/5
petitioner college to fill up the sanctioned posts of 2 Record Clerk non teaching staffs in the sanctioned vacancies and to approve the said appointments.
Prayer in W.P.No.26547 of 2025:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant permission to fill up the 5 Teaching Posts namely, Tamil-1, History-1, Chemistry-1 and Commerce-2 in the sanctioned vacancies and approve the said appointments and release the salary. For Petitioner : Ms.Selvi George for M/s.E.Martin Jayakumar For Respondents : Mr.C.Jaya Prakash Government Advocate C O M M O N O R D E R Mr.C.Jaya Prakash, learned Government Advocate takes notice on behalf of the respondents. By consent, the writ petitions are taken up for final disposal at the admission stage itself. 2.W.P.No.26544 of 2025 has been filed seeking issuance of Writ of Mandamus directing the respondents to permit the petitioner College to fill up the sanctioned posts of 2 Record Clerk non teaching staffs in the sanctioned vacancies and to approve the said 2/5
appointments. W.P.No.26547 of 2025 has been filed seeking issuance of Writ of Mandamus directing the respondents to grant permission to fill up the 5 Teaching Posts namely, Tamil-1, History-1, Chemistry-1 and Commerce-2 in the sanctioned vacancies and approve the said appointments and release the salary.
3.The learned counsel appearing for the petitioner would submit that the petitioner is a minority institution and that they do not require any prior permission for appointing sanctioned post. The learned counsel further submits that there is vacancy of non teaching staff. To appoint two Record Clerks and five Teaching Staffs, the petitioner seeks for Mandamus directing the respondents to permit the petitioner College to appoint the sanctioned posts.
4.At this juncture, the learned Government Advocate would fairly submit that there is no necessity to seek any prior permission for appointing sanctioned post in a minority Institution. 5.Recording such submissions, the writ petitions are disposed of. After appointing the sanctioned posts, if any proposal for approval comes to the respondents, they are directed to consider the same and 3/5
dispose of the same in accordance with law, as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are closed.
21.07.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Government of Tamil Nadu, Represented by the Principal Secretary, Higher Education Department, Fort St.George, Chennai - 600 009.
2.The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.
3.The Regional Joint Director of Collegiate Education, Vellore Region, 43, 1st West Cross Street, Gandhi Nagar, Vellore - 632 006.
4/5
C.KUMARAPPAN,J.
pri And W.M.P.Nos.29841 and 29846 of 2025 21.07.2025 5/5