Dr.J. Christopher Raja v. The Director Of Collegiate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.42172 of 2016 Dr.J.Christopher Raja ... Petitioner Vs The Director of Collegiate Education, College Road, Chennai-6.
... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondent to approve and regularize the petitioner's appointment as Assistant Professor in English in the Pope's College, Thoothukkudi, in the sanctioned retirement vacancy of Dr. T.Joseph Christadoss w.e.f. 9.3.2012 with monetary and all other attendant benefits 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 dt 16.11.2015 in Na. Ka. No. 50256/F2/2015 dt 2.3.2016 and Dr. S.Stella and others in Na. Ka. No. 45439/F4/2015 dt 25.1.2016 in W.P. Nos. 35584 to 35587 of 2015 dt 16.11.2015 and also based on the recommendation in Na. Ka. No. 34517/F4/2009 dt 23.11.2016 based on the Review Petition dt 24.6.2015 pending on the file of the respondent. For Petitioner :
Mr.C.R.Rose Radhi Jijo For Respondents :
Mr.K.Dhananjayan, Spl. Govt. Pleader
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to approve and regularize his appointment as Assistant Professor in English in the Pope's College, Thoothukkudi, in the sanctioned retirement vacancy of Dr. T.Joseph Christadoss with effect from 9.3.2012
with monetary and all other attendant benefits, 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 2.3.2016 and Dr. S.Stella and others in Na. Ka. No. 45439/F4/2015 dated 25.1.2016 in W.P. Nos. 35584 to 35587 of 2015 dated 16.11.2015 and also based on the recommendation in Na. Ka. No. 34517/F4/2009 dated 23.11.2016, based on the Review Petition dated 24.6.2015 pending on the file of the respondent.
3. It is the case of the petitioner that he is possessing the qualification of M.A., M.Phil and Ph.D, and he was appointed as Assistant Professor in English in Pope's College, Thuthukkudi, with effect from 9.3.2012 in the sanctioned retirement vacancy of Dr.T.Joseph Christadoss. Subsequently, by the proceedings of the respondent dated 28.10.1999, permission has been granted to fill up the vacancies that arose in the the vacant posts of the year 1999-2000 on or before 31.3.2000. There is no provision either in the Tamil Nadu Private Colleges (Regulation) Act, 1976 or in the Tamil Nadu Private Colleges (Regulation) Rules, 1976 stating that prior permission has to be obtained from the respondent before filling up a vacant sanctioned post. Therefore, necessary approval has to be granted by the respondent for the appointment of the petitioner as Assistant Professor in English with effect from 9.3.2012. In this regard, the petitioner made several representations, but, no orders have been passed so far. Hence, the present writ petition.
4. Learned counsel appearing for the petitioner submitted that the services of the similarly placed persons were approved by the respondent vide proceedings in Na. Ka. No. 50256/F2/2015 dated 2.3.2016 based on W.P. No. 35715 of 2015 dated 16.11.2015 and in Na. Ka. No. 45439/F4/2015 dated 25.1.2016 based on W.P. Nos. 35584 to 35587 of 2015 dated 16.11.2015 and also based on the recommendation in Na. Ka. No. 34517/F4/2009 dated 23.11.2016. Seeking the similar relief, the petitioner filed a review petition dated 24.6.2015 before the respondent. Since the same was not considered, the present writ petition.
5. Learned Special Government Pleader appearing for respondent submitted that petitioner's review petition dated 24.6.2015 would be considered by the respondent in accordance with the Tamil Nadu Private College (Regulation) Act and Rules, 1976.
6. In view of the above, without going into the merits of the claim projected by the petitioner, this Court directs the respondent to consider and dispose of the petitioner's Review Petition dated 24.6.2015 seeking approval of the post of Assistant Professor in English in Pope's College, Thuthukkudi, with effect from 9.3.2012 in the sanctioned retirement vacancy of Dr.T.Joseph Christadoss and seeking regularization of his service with effect from 9.3.2012 and payment of monetary and service benefits due to him, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sbi To The Director of Collegiate Education, College Road, Chennai-6.
mp(CO) md(02/12/2017) W.P.No.42172 of 2016