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Madras High CourtWP(MD)/17688/2018disposed of

The Secretary v. The Director Of Collegiate

2021-10-07Honourable Mr Justice D. Krishnakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.10.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P.(MD).No.15573 of 2018 The Secretary, St.Ignatius College of Education(Autonomous), Palayamkottai - 627 002, Tirunelveli District.

... Petitioner Vs.

1.The Director of Collegiate Education, College Road, Chennai - 600 006.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent Joint Director to approve forthwith the appointment of Dr.Tmt.R.Indra Mary Ezhil Selvi as Assistant Professor in Psychology w.e.f., 12.07.2017 in the petitioner college and disburse the grant-in-aid towards her salary and allowances w.e.f the date of her appointment i.e. 12.07.2017. For Petitioner : Mr.K.Ragatheesh Kumar For M/s.Isaac Chambers For Respondents : Mr.A.K.Manikkam, Standing Counsel.

ORDER

This Writ Petition has been filed, praying for the issuance of a Writ of Mandamus, to direct the second respondent Joint Director to approve forthwith the appointment of Dr.Tmt.R.Indra Mary Ezhil Selvi as Assistant Professor in Psychology w.e.f., 12.07.2017 in the petitioner College and disburse the grant-in-aid towards her salary and allowances w.e.f the date of her appointment i.e. 12.07.2017. 1/4

2. The petitioner Institution, namely, St.Ignatius College of Education (Autonomous), Palayamkottai, is a minority Institution, aided by the Government of Tamil Nadu, affiliated to the Manonmaniam Sundaranar University. One post in the cadre of Assistant Professor in the Department of Psychology fell vacant on 31.05.2017 due to the retirement of the then incumbent Dr.R.Rajeswari. In the said vacancy, the Management of the petitioner Institution appointed one Dr.Tmt.R.Indra Mary Ezhil Selvi as Assistant Professor (Psychology) with effect from 12.07.2017. It is a sanctioned post. Necessary proposal was submitted to the 2nd respondent/Joint Director by letter dated 17.08.2017 for approval of the said appointment and disbursement of grant-in-aid towards her salary. But there was no response and hence, another letter was also sent on 04.09.

2017. According to the petitioner, since it is a minority institution, it is entitled to fill up the vacancy arising on account of promotion/retirement/removal or dismissal etc., against a sanctioned post already approved by the school authorities, without even obtaining prior permission from the Government. Since there has bee no response forthcoming despite proposal submitted and the reminder thereof, the petitioner has come forward with the present Writ Petition.

3. It is not in dispute that the issue is well settled now that any College either minority/private/aided or unaided, is entitled to fill up the vacancy arising on account of promotion, retirement, removal, dismissal etc., against a sanctioned post already approved by the College authorities, without even obtaining prior permission from the Department.

4. In this regard the petitioner has relied upon the ratio laid down by the the Hon'ble Supreme Court as well as the Division Bench of this Court reported in (2013) 7 MLJ 641 (P.Ravichandran Vs. State of Tamilnadu) in WA.No.474 of 2013 dated 03.04.2013, (The State of Tamilnadu Vs.Dr.S.Sukumaran) and in WA.No.463 of 2014 dated 02.04.2014 (Chief Educational Officer and another Vs. S.Christy and Others) and yet another judgment in W.A.No.2096 & 2124 of 2019 dated 19.07.2019 (State of Tamilnadu Vs.The Secretary, Nirmala College for Women). In all these decisions, this Court has elaborately considered and held that the College authorities shall not insisting upon the prior approval for appointment of the teaching staff in the minority institutions and therefore, the aforesaid judgments are squarely applicable to the facts of the present cases on hand.

5. When this matter along with similar matters, came up before this Court on the earlier occasions, all the matters have been adjourned with a direction to get instructions from the Director of Collegiate Education as to whether any Circular has been issued to the concerned authorities, directing them to approve the appointment of the teaching staff without insisting upon the prior 2/4

approval from the minority institutions, in the light of the decisions of the Hon'ble Supreme Court and this Court.

6. Mr.A.K.Manickam, learned Standing counsel for the respondents placed a Circular issued by the authorities vide in R.C.No.31939/E/2021 dated 01.10.2021, a relevant portion of the said letter is extracted hereunder:

''With reference to the above letter cited it is instructed that prior permission is not necessary for appointment approval for Minority Educational Institutions and it is further instructed not to reject proposals sent by Minority Institutions on the basis of ''Prior permission was not obtained from the appropriate authority''. The above instructions should be strictly adhered with. Letter from counsel for Government of Tamilnadu is enclosed herewith.'' 7.It is brought to the notice of this Court by the learned counsel for the petitioner College that already proposals were sent and they are still pending with the Joint Director of Collegiate Education.

8. In the light of the aforesaid decisions of the Hon'ble Supreme Court and this Court and also the Circular issued by the Director of Collegiate Education dated 01.10.2021, this Court is inclined to issue the following directions:

(i)The Joint Director of Collegiate Education is directed to consider the said proposals sent by the petitioner College and to take an appropriate decision on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

(ii) The Joint Director of Collegiate Education shall strictly follow the instructions issued by the Director of Collegiate Education by his Circular dated 01.10.2021 and to approve the appointment of the teaching staff in the petitioner institution without insisting upon the prior approval.

9.With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) dn 3/4

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Director of Collegiate Education, College Road, Chennai - 600 006.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.

+1 CC to M/s.ISAAC CHAMBERS, Advocate( SR-31690[F] dated 08/10/2021 ) +1 CC to M/s.SPL.GP ( SR-31945[F] dated 11/10/2021 ) 07.10.2021 MGJ/JGB(15.11.2021) 4P 5C 4/4