J.Amal Rajan Gnanadoss v. The Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD)Nos. 23997, 23999, 24000, 24011, 24008 and 24013 of 2019 J.Amal Rajan Gnanadoss ... Petitioner in WP(MD)No.23997/ 2019 S.Paul David Selson ... Petitioner in WP(MD)No.23999/ 2019 D.Priscilla Koilpillai ... Petitioner in WP(MD)No.24000/ 2019 B.Robert Jeyapaul Ponraj ... Petitioner in WP(MD)No.24011/ 2019 V.Selvan ... Petitioner in WP(MD)No.24008/ 2019 Dr.Jessie Theodore ... Petitioner in WP(MD)No.24013/ 2019 vs.

1. The Director of Collegiate Education, Chennai.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-628 008.

... 1st & 2nd Respondents in all writ petitions 3.The Correspondent and Secretary, St. John's College, Palayamkottai-627 002.

Tirunelveli District.

... 3rd Respondent in WP(MD)Nos.23997, 23999,24000,24011,24008/2019

4. The Correspondent and Secretary, Sarah Tucker College, Palayamkottai-627 002, Tirunelveli District ... 3rd Respondent in WP(MD)No.24013/ 2019 Common PRAYER in W.P(MD)Nos. 23997, 23999, 24000, 24011, 24008 and 24013 of 2019:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to approve the petitioner's appointment as Lecturer in Economics in WP:23997 of 2019; Lecturer in Botany in Wp:23999 of 2019; Lecturer in Physics in WP:24000 of 2019; Lecturer in Economics in WP:24011 of 2019; Lecturer in Mathematics in WP:24008 of 2019; and WP:24013 of 2019 (now Assistant Professor) in the third respondent College with effect from 29.05.2009 in considering the proposal application dated 18.03.2019 and 22.03.2019 respectively submitted by the third respondent.

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For Petitioners : Mr.G.Prabhu Rajadurai For Respondents : Mr.S.Dhayalan, Government Advocate COMMON ORDER Since the issues involved in these Writ Petitions are one and the same and therefore, these Writ Petitions are heard together and disposed of by way of this common order.

2. According to the petitioners, they were appointed as Lecturers on 29.05.2009 in various subjects by the third respondent. The said posts are presently redesignated as Assistant Professor. The third respondent college is a minority aided college. The vacancies arose in the third respondent college. In the sanctioned vacancies, the petitioners were appointed as Lecturers in various subjects. The qualification of the petitioners were approved by the Manonmaniam Sundaranar University, Tirunelveli. Subsequently, the third respondent forwarded the proposals for approving the appointment of the petitioners to the second respondent and the second respondent forwarded the proposal to the first respondent. In the meanwhile, there was some dispute in the Management of the third respondent College.

Due to the same, the said proposals were not considered by the respondents 1 & 2. The said dispute was ended in view of the order passed by the Hon'ble Apex Court dated 09.01.2019 in C.A.Nos.2353 to 2355 of 2017 and C.A.Nos.10478 to 10498 of 2011. A Review Petition to review the said order was also dismissed by the Hon'ble Apex Court by order dated 10.04.2019. Now, the petitioners have come out with the present writ petitions for the aforesaid relief.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents and perused the materials available on record.

4. Considering the nature of relief sought for in these writ petitions, without deciding the issue on merits, the respondents 1 & 2 are directed to consider the proposals submitted by the third respondent on merits and pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, all the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) 2/3

am To 1.The Director of Collegiate Education, Chennai.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-628 008.

3.The Correspondent and Secretary, St. John's College, Palayamkottai-627 002.

Tirunelveli District.

4. The Correspondent and Secretary, Sarah Tucker College, Palayamkottai-627 002, Tirunelveli District +6 CC to Mr.G.PRABHU RAJADURAI, Advocate SR-98467, 98897, 98898, 98901, 98899, 98900 +1 CC to Spl.GP ( SR-98818[F] dated 15/11/2019 ) W.P(MD)Nos. 23997, 23999, 24000, 24011, 24008 and 24013 of 2019 14.11.2019 MK (27.11.2019) 3P 12C 3/3