S.N. Leena Nelson, v. The Director Of Collegiate
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.20348 of 2014 and MP(MD)Nos.1 & 2 of 2014 S.N.Leena Nelson ... Petitioner Vs.
1. The Director of Collegiate Education, College Road, Chennai - 600 006.
2. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.
3. The Manonmaniam Sundaranar University, Abisekhapatti, Tirunelveli District, Rep.by its Registrar.
4. The Correspondent-Secretary, Women's Christian College, Nagercoil, Kanyakumari District.
... Respondents Prayer : This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceeding issued by the second respondent Joint Director in O.Mu.No.10280/Aa1/2014 dated 08.10.2014, quash the same, and further direct the second respondent to approve forthwith the appointment of the petitioner as Assistant Professor in Mathematics in the fourth respondent college namely, Women's Christian College, Nagercoil and disburse the grantin-aid towards her salary and allowances w.e.f the date of her appointment viz., 26.01.2007.
For Petitioner : Mr.MT.Cibi Chakraborthy For Respondents : Mr.J.Gunaseelan Muthaiah, Addl., Government Pleader for R1 & R2 Mr.Mohaboob Athif for R3 for M/s.Ajmal Associates No appearance for R4.
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ORDER
The writ petitioner was appointed as Assistant Professor in Maths in the fourth respondent college with effect from 26.01.2007. The third respondent university has also granted qualification approval for the writ petitioner by proceedings dated 26.06.2014. The second respondent has however declined to grant approval to the said appointment on the ground that prior permission of the first respondent has not been obtained.
2.It has been consistently held by this Court such a prior permission is not required. Admittedly, the writ petitioner is eligible to be appointed as a Assistant Professor. The vacancy in which the writ petitioner was appointed is also a sanctioned one. Therefore, the order impugned in this writ petition is quashed. The second respondent is directed to approve forthwith the appointment of the writ petitioner as Assistant Professor in the fourth respondent college and disburse all the consequential benefits with effect from 26.01.2007.
3.This writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To
1. The Director of Collegiate Education, College Road, Chennai - 600 006.
2. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.
+ 1 CC TO M/s.AJMAL ASSOCIATES, IN SR No. 42738 + 1 CC TO Mr.T.CIBI CHAKRABORTHY, ADVOCATE IN SR No. 42924 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 43074 SKM TE/SV-MMS/SAR-2 : 14/02/2018 : 2P/6C W.P(MD)No.20348 of 2014 and MP(MD)Nos.1 & 2 of 2014 18.01.2018 https://hcservices.ecourts.gov.in/hcservices/