National College v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P. No.54511 of 2025 National College Rep. By its Secretary, Mr.K.Raghunathan (Senior Citizen), S/o.Dr.R.Kalamegham, No.7, Viswanathapuram Tennur,Trichy-17.
Petitioner(s) Vs 1.The Government of Tamilnadu Rep. By its Secretary, Higher Education Department, Fort St.George, Chennai 09.
2.The Commissioner of Collegiate Education, I.A.S.E. Campus 577, Anna Salai, Saidapet, Chennai-15.
3.The Regional Joint Director of Collegiate Education, Tiruchirapalli Region, Tiruchirapalli.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to permit the petitioner college to appoint 17 teaching staffs in the existing sanctioned retirement vacancy and to grant approval for such appointments and to release financial grant in aid (salary) for the teaching staffs. For Petitioner(s) : Ms.G.Selvi George for Mr.E.Martin Jayakumar For Respondent(s) : Mr.M.R.Gokulakrishnan Additional Government Pleader 1/4
ORDER
The present writ petition has been filed seeking a direction to the respondents to permit the petitioner college to appoint 17 teaching staffs in the existing sanctioned retirement vacancy and to grant approval for such appointments and to release financial grant-in-aid (salary) for the teaching staffs.
2. The learned counsel appearing for the petitioner would submit that the petitioner College is an Aided College and was sanctioned with 137+1 teaching posts out of which, 17 posts are lying vacant namely Tamil -1, English-4, Economics-2, Commerce-1, Physics-4, Chemistry-2, Botany-2 and Environmental Zoology-1. It is the further case of the petitioner that there is no provision either in Tamil Nadu Private College (Regulation) Act, 1976, which states that prior permission has to be obtained from the Director of Collegiate Education before filling up a vacancy of the sanctioned post. It is further submitted by the learned counsel for the petitioner that in the absence of any provision, in the year 2023-2024 vacancies arose on account of retirement of staff, in order to fill up these vacancies proposals were sent on 05.01.2024, 03.07.
2024 and 23.01.2025 to the 3rd respondent. Thereafter, the 3rd respondent requested for certain documents, however, there was no further action. Pursuant thereto, seven (7) more vacancies arose in the year 2025 and once again proposal was sent to fill up these posts on 21.11.2025.
these proposals have been kept pending till date.
3. The learned counsel for the petitioner would submit that this Court may issue a direction to the 1st respondent to consider the petitioner's proposals dated 23.01.2025 and 21.11.2025 within a time limit to be fixed by this Court.
4. In view of the above, there shall be a direction to the respondents 1 and 2 to consider the petitioner's proposals dated 23.01.2025 and 21.11.2025 and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. Accordingly, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 12.12.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The Secretary, Higher Education Department,Fort St.George, Chennai 09. 2.The Commissioner of Collegiate Education, I.A.S.E. Campus 577,Anna Salai, Saidapet, Chennai-15. 3.The Regional Joint Director of Collegiate Education, Tiruchirapalli Region, Tiruchirapalli. 3/4
M.DHANDAPANI, J.
mka 12.12.2025 4/4