The Correspondent v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.09.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.16695 of 2016 and W.M.P.(MD).No.12149 of 2016 The Correspondent, Punitha Arulappar Higher Secondary School, Avudayanoor-627 808, Tirunelveli District .. Petitioner vs.
1.The State of Tamil Nadu, rep.by its Secretary, Department of School Education, Fort.St.Geroge, Secretariat, Chennai-600 009.
2.The Director of School Education, (Secondary), College Road, Chennai - 600 006.
3.The Chief Educational Officer, Tirunelveli, Tirunelveli District.
4.The District Educational Officer, Tenkasi-627 811, Tirunelveli District.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 4th respondent District Education Officer vide O.Mu.No.2978/A3/2016 dated 00.07.2016, quash the same and further direct the 4th respondent District Educational Officer herein to approve forthwith the appointment of Tmt.N.Pangajam as Junior Assistant in the petitioners school w.e.f. 01.06.2016 with all attendant benefits including the arrears of salary and allowance.
For Petitioner :Mr.T.Cibi Chakraborthy For Respondents :Mr.T.S.Mohammed Mohideen Additional Government Pleader *****
ORDER
The only issue raised in the present Writ Petitions is, whether prior permission is to be obtained by the management of private aided colleges/schools to fill up the vacancies of teaching and non-teaching staff arising in the sanctioned Posts during the middle of the academic year in the absence of any prohibitory order issued by the Government for filling up such vacancies.
2. In this connection, it is pertinent to extract the relevant portion of the judgment of the Honourable Division Bench of this Court in P.Ravichandran Vs. State of Tamil Nadu and Others reported in (2013) 7 MLJ 641.
(1) There is no requirement under the Tamil Nadu Private Colleges (Regulation) Act, 1976 and Tamil Nadu Private Colleges(Regulation) Rules, 1976, to seek prior permission to fill up any vacant post in an aided college, which has already been sanctioned for the academic year by the Director of Collegiate Education under Rule 11(1) of the Rules.
(2) If the appointment made by the College Committee in the sanctioned vacant post is in violation of any of the statutory provision, it is open to the Regional Joint Director of Collegiate Education to deny grant-in-aid to the said person appointed in the vacant post.
(3) The teaching staff appointed must be fully qualified, whose qualification is approved by the University to which the college is affiliated. Insofar as the non-teaching staff are concerned, the candidate must possess the qualification prescribed by the Government.
(4) The College Committee while filling up the vacant post, should follow the procedures stated in Rule 11(1A) to 11(4)(ii).
(5) If there is no rival candidate for any post, the appointment is bound to be approved for the purpose of payment of pay and allowances, by the Regional Joint Director of Collegiate Education. The writ appeal is disposed of with the above directions. No Costs."
3. A mere reading of the above ratio laid down by this Court candidly shows that prior permission to fill up any vacant Post in an aided college, which is already a sanctioned Post, from the Director under Rule 11(1) of the Tamil Nadu Private Colleges Regulation Rules, is not required. Following the afore-said order, by an order, dated 02.09.2016, this Court also disposed of W.P (MD).No.20347 of 2014 and a batch Writ Petitions in W.P(MD)
Nos.17916 to 17922, 17835 of 2015 and 2093 of 2016, dated 19.08.2016. Therefore, the order impugned in this Writ Petition stands set aside and this Writ Petition stands allowed with a direction to the respondents to approve the appointment of Tmt.N.Pangajam as Junior Assisant in the petitioner's school with effect from 01.06.2016 with all attendant benefits including the arrears of salary and allowance. Such exercise shall be done by the respondents within a period of eight weeks from the date of receipt of a copy of this order. Needless to mention that the request of the petitioner for grant of approval is subject to the staff fixation.
4. With the above direction, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar ssm To 1.The Secretary, The State of Tamil Nadu, Department of School Education, Fort.St.Geroge, Secretariat, Chennai-600 009.
2.The Director of School Education, (Secondary), College Road, Chennai - 600 006.
3.The Chief Educational Officer, Tirunelveli, Tirunelveli District.
4.The District Educational Officer, Tenkasi-627 811, Tirunelveli District.
+1CC to Mr.T.Cibi Chekraborthy, Advocate Sr.No.50108 +1CC to Spl.Govenment Pleader Sr.No.50065 GJM/PV/21.9.16-3p-7c W.P.(MD).No.16695 of 2016 02.09.2016