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Madras High CourtWP(MD)/20818/2015disposed of

D. Silvia Flavia v. The Director Of

2019-06-20Honourable Mr Justice S.M. Subramaniam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)Nos.20818 to 20823 of 2015 and M.P(MD)Nos.1,1,1,1,1, 1 & 2,2,2,2,2,2 of 2015 D. Silvia Flavia Assistant Professor(Eng), Sarah Tucjer College (Autonomous) Tirunelveli- 627 007. Tirunelveli District. Petitioner(s) in WP(MD). 20818/ 2015 J. Beryl Sheel Assistant Professor(Eng), Sarah Tucker College (Autonomous) Tirunelveli- 627 007. Tirunelveli District. Petitioner(s) in WP(MD). 20819/ 2015 S.Annie Cutie, Assistant Professor(English), Sarah Tucker College (Autonomous) Tirunelveli 627 007, Tirunelveli Dist ... Petitioner(s) in WP(MD). 20820/ 2015 S. Lincy Mary Ponmani Assistant Professor(Phy), Sarah Tucjer College(Autonomous) Tirunelveli- 627 007. Tirunelveli District. Petitioner(s) in WP(MD). 20821/ 2015 J.

Jencylin Navarani Assistant Professor(Physics), Sarah Tucker College(Autonomous) Tirunelveli- 627 007. Tirunelveli District. Petitioner(s) in WP(MD). 20822/ 2015 J.Juliet Latha Jeyakumari Assistant Professor(Physics), Sarah Tucker College (Autonomous) Tirunelveli 627 007, Tirunelveli Dist ... Petitioner(s) in WP(MD). 20823/ 2015 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, Abishekapatti, Tirunelveli-627 012.

Rep.by its Registrar.

4.The Secretary, Sarah Tucker College (Autonomous), Tirunelveli-627 007, Tirunelveli District.

... Respondents in All Writ Petitions Prayer in WP(MD). 20818/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding issued by 2nd respondent Joint Director in A. Thi.Mu. No. 10076/Aa3/2015 dated 14.09.2015, Quash the same, in so far as the petitioner is concerned, and further Direct the 2nd respondent Joint Director to approve forthwith the appointment of the petitioner as Assistant Professor in English in the 4th respondent College Namely, Sarah Tucker College (Autonomous) Tirunelveli, and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of petitioner's appointment viz 17.03.2014.

Prayer in WP(MD). 20819/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding issued by 2nd respondent Joint Director in A. Thi.Mu. No. 10076/Aa3/2015 dated 14.09.2015, Quash the same, in so far as the petitioner is concerned, and further Direct the 2nd respondent Joint Director to approve forthwith the appointment of the petitioner as Assistant Professor in English in the 4th respondent College Namely, Sarah Tucker College (Autonomous) Tirunelveli, and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of petitioner's appointment viz 03.12.2014.

Prayer in WP(MD). 20820/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by 2nd respondent Joint Director in A.Thi.Mu.No.10076/Aa3/2015 dt.14.09.2015, quash the same, in so far as the petitioner is concerned and further Direct the 2nd respondent Joint Director to approve forthwith the appointment of the petitioner as Assistant Professor in English in the 4th respondent College namely, Sarah Tucker College(Autonomous), Tirunelveli, and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of Petitioner's appointment viz., 08.12.2014.

Prayer in WP(MD). 20821/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding issued by 2nd respondent Joint Director in A. Thi.Mu. No. 10076/Aa3/2015 dated 14.09.2015, Quash the same, in so far as the petitioner is concerned, and further Direct the 2nd respondent Joint Director to approve forthwith the appointment of the petitioner as Assistant Professor in Physics in the 4th respondent College Namely, Sarah Tucker College (Autonomous) Tirunelveli, and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of petitioner's appointment viz., 15.04.2014.

Prayer in WP(MD). 20822/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding issued by 2nd respondent Joint Director in A. Thi.Mu. No. 10076/Aa3/2015 dated 14.09.2015, Quash the same, in so far as the petitioner is concerned, and further Direct the 2nd respondent Joint Director to approve forthwith the appointment of the petitioner as Assistant Professor in Physics in the 4th respondent College Namely, Sarah Tucker College (Autonomous) Tirunelveli, and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of Petitioner's appointment viz., 11.12.2014 Prayer in WP(MD). 20823/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by 2nd respondent Joint Director in A.Thi.Mu.No.10076/Aa3/2015 dt.14.09.2015, quash the same, in so far as the petitioner is concerned and further Direct the 2nd respondent Joint Director to approve forthwith the appointment of the petitioner as Assistant Professor in Physics in the 4th respondent College namely, Sarah Tucker College(Autonomous), Tirunelveli, and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of petitioner's appointment viz., 28.03.2014.

For Petitioner :

Mr.T.Cibi Chakraborthy for Isaac Chambers For R1 & R2 :

Mr.D.Muruganantham Additional Government Pleader For R3 :

Mr.M.Mahaboob Athiff for M/s.Ajmal Associates For R4 :

No appearance

COMMON ORDER The rejection of approval of appointment issued by the Joint Director of Collegiate Education are under challenge in these writ petitions.

2.The grievances of the writ petitioners are that the appointments properly made by the College in the sanctioned posts were not approved by the competent Educational Authorities. The reason furnished for rejection of proposal sent by the College was that the proposal cannot be accepted as the college is under Direct Payment and the proposal submitted for approval of appointment is signed by the unapproved Secretary of the college. Now, it is brought to the notice of this Court that on account of efflux of time, the approval for Secretaryship was extended and now, the Secretary of the College sent the proposal to the second respondent seeking approval of appointment of College Teachers appointed in the sanctioned post in accordance with the Rules. 3.

This being the factum of the case, the respondents 1 to 3 are directed to consider the proposal, if any, submitted by the fourth respondent and process the same and pass orders on merits and in accordance with law, strictly in accordance with the provisions of Private Colleges Regulation Rules and guidelines in the matter of grant of approval of appointment to the Teachers. 4.With this direction, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) am To 1.The Director of Collegiate Education, College Road, Chennai-600 006.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.

+6CC TO MR.ISAAC CHAMBERS, Advocate Sr. No.70367 TO 70372 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.70484 W.P(MD)Nos.20818 to 20823 of 2015 20.06.2019 KMK(CO) TR (03.07.2019) 6P 10C