Sundaram .Ap.V v. The Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.m.P(MD) Nos.9862, 9863 and 9864 of 2023 1.AP.V.Sundaram 2.A.Valli @ Valliammai ... Petitioners Vs.

1. The Director of Collegiate Education, Chennai.

2. The Joint Director of Collegiate Education, Madurai.

3. The Vice Chancellor, Alagappa University, College Road, Alagappapuram, Karaikudi, Sivagangai District.

4. The Dean, CDC Alagappa University, College Road, Alagappapuram, Karaikudi, Sivagangai District.

5. Sarathal Alagappan

6. O.A.A.A.AP.Annamalai 1/5

7. AP.Muthu Adaikappan

8. Ma.Kannan Periyakaruppan

9. Ma.Ramiah Kumar

10. Vijayarani

11. Deivanai ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned selection notification of Seethalakshmi Achi College for Women, Pallathur, Sivagangai District for appointments to various teaching faculties and non teaching staffs for the college, published in the Newspapers dated 18.04.2023 of the 6th respondent and quash the same as illegal and against the provisions of Tamil Nadu Private Colleges (Regulation )Act 1976 and Rules framed there under .

For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.G.V.Vairam Santhosh Addl. Government Pleader for R1 & R2 Mr. T.Cibi Chakraborthy for R3 and R4 Mr.Mohammed Ashik Jaman for R6 2/5

O R D E R

Mr.G.V.Vairam Santhosh, learned Additional Government Pleader takes notice for the respondents 1 and 2; Mr. T.Cibi Chakraborthy, learned counsel takes notice for the respondents 3 and 4 and Mr.Mohammed Ashik Jaman, learned counsel takes notice for the sixth respondent.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Learned counsel for the petitioner would submit that the appointment can be made under Section 14 of the Tamil Nadu Private Colleges (Regulation) Act, 1976, only by the College Committee. However, in the present case, the Secretary of the College passed the appointment order. Aggrieved over the same, the present writ petition has been filed.

4. Learned counsel appearing for the sixth respondent would submit that it is only a newspaper publication issued by the Secretary, calling for the application for the various posts in the college. However, the appointment would be made in terms of Section 14 of the Tamil Nadu Private 3/5

Colleges (Regulation) Act, 1976, only by the College Committee.

5. Recording the said submission, this writ petition is disposed of with a direction to the sixth respondent to follow the procedure contemplated under the Tamil Nadu Private Colleges (Regulation) Act, 1976. No costs. Consequently, connected miscellaneous petitions are closed. 04.05.2023 Index :Yes/No Internet :Yes/No pkn/lm To: -

1. The Director of Collegiate Education, Chennai.

2. The Joint Director of Collegiate Education, Madurai.

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M.DHANDAPANI, J.

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