Auxilium College v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.08.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and WMP.No.36775 of 2025 Auxillium College (Autonomous) Rep by its Secretary Sr.A.Mary Josephine Rani ... Petitioner Vs 1.The Government of Tamil Nadu Represented by the Principal Secretary Higher Education Department Fort St.George, Chennai - 600 009.
2.The Government of Tamil Nadu Represented by the Principal Secretary Finance Department Fort St.George, Chennai - 600 009.
3.The Commissioner of Collegiate Education I.A.S.E.Campus 577, Anna Salai, Saidapet, Chennai - 600 015. 4.The Regional Joint Director Collegiate Education Vellore Region 43, Ist West Cross Street, Gandhi Nagar Vellore - 632 006.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India 1/5
praying to issue a Writ of Mandamus directing the respondents to grant permission to fill up the sanctioned vacancies of 7 Teaching posts and 1 NonTeaching Posts namely English-1, Chemistry-2, Zoology-1, Physics-1, Botany1, Commerce-1 and Lab Assistant-1, and approve the said appointments and release the salary.
For Petitioner : Mrs.G.Selvi George For Respondents : Mr.C.Jayaprakash, Government Advocate
ORDER
The above writ petition has been filed for the following relief : "To issue a Writ of Mandamus directing the respondents to grant permission to fill up the sanctioned vacancies of 7 Teaching posts and 1 Non-Teaching Posts namely English-1, Chemistry-2, Zoology-1, Physics-1, Botany-1, Commerce-1 and Lab Assistant-1, and approve the said appointments and release the salary."
2.The learned counsel appearing for the petitioner would submit that the petitioner-College is a minority College and they also admit that they do not require a prior permission for appointment / approval to fill up the vacancies in the sanctioned post. But, the petitioner by way of abundant caution, had sent its representations / proposals dated 01.07.2024 and 04.07.2024 to the respondents seeking permission to fill up the above said posts, but the same was not considered by the respondents to date. Hence, the petitioner is before this 2/5
Court.
3. The learned Government Advocate, on instructions, would fairly submit that there is no necessity for the petitioner-College to seek prior permission in filling up the sanctioned vacancies.
4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate who appears for the respondents.
5. The learned counsel on either side had admitted that no prior permission is required to fill up the vacancies of sanctioned post. Recording the said submissions, the writ petition is disposed of. It is open to the petitionerCollege to proceed with the filling up of the sanctioned posts. No costs. Consequently, connected miscellaneous petition is closed. 29.08.2025 Index : Yes / No ds To:
1.The Government of Tamil Nadu 3/5
Represented by the Principal Secretary Higher Education Department Fort St.George, Chennai - 600 009.
2.The Government of Tamil Nadu Represented by the Principal Secretary Finance Department Fort St.George, Chennai - 600 009.
3.The Commissioner of Collegiate Education I.A.S.E.Campus 577, Anna Salai, Saidapet, Chennai - 600 015. 4.The Regional Joint Director Collegiate Education Vellore Region 43, Ist West Cross Street, Gandhi Nagar Vellore - 632 006.
4/5
P.T. ASHA, J, ds 29.08.2025 5/5