The Secretary v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)No.3440 of 2023 The Secretary, St.Joseph's College (Autonomous), Tiruchirappalli - 620 002, Tiruchirappalli District.
... Petitioner Vs.
1. The State of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort St.George, Chennai - 600 009.
2. The Director of Collegiate Education, Saidapet, Chennai - 600 009.
3. The Joint Director of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli, Tiruchirappalli District - 620 023.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the third respondent / Joint Director to approve forthwith the appointment of three teaching staffs (name list annexed) in the petitioner's College and disburse the grant-in-aid towards their salary and allowances with effect from 20.07.2022. For Petitioner :
Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents :
Mr.J.Ashok Additional Government Pleader
O R D E R
This Writ Petition has been filed for a direction to the third respondent / Joint Director to approve forthwith the appointment of three teaching staffs (name list annexed) in the petitioner's College and disburse the grant-in-aid towards their salary and allowances with effect from 20.07.2022.
2. The case of the petitioner is that the petitioner College is a recognized Minority Educational Institution and the said College was
established in the year 1844. Out of 151 teaching posts sanctioned to the College, 3 posts have fallen vacant. Hence, the petitioner College filled the said vacancies on 20.07.2022. The incumbents appointed are fully qualified for the respective posts. The College submitted a proposal for grant of qualification approval to the affiliating University, i.e., Bharathidasan University. Being satisfied with the qualification possessed by each incumbent as per the UGC Regulations, the University, vide letter, dated 16.11.2022 granted qualification approval. Hence, the petitioner College submitted a proposal to the third respondent / Joint Director on 18.11.2022. Later, on 30.01.2023, the petitioner College has sent a reminder to approve the said three appointments. But, till date, no order was passed. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the third respondent is directed to consider the submitted proposal, dated 18.11.2022, on merits and in accordance with law, within a specified period.
4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the submitted proposal of the petitioner dated 18.11.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 23.02.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The Secretary, The State of Tamil Nadu, Department of Higher Education, Fort St.George, Chennai - 600 009.
2. The Director of Collegiate Education, Saidapet, Chennai - 600 009.
3. The Joint Director of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli, Tiruchirappalli District - 620 023.
M.DHANDAPANI,J.
vji and W.M.P.(MD)No.3440 of 2023 23.02.2023