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Madras High CourtWP(MD)/27228/2019dismissed

N.Ahmed Ansari v. The Secretary To Govt.,

2025-11-04Honourable Mr. Justice C.Kumarappan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.11.2025

CORAM

THE HONOURABLE MR. JUSTICE C. KUMARAPPAN Writ Petition No.27228 of 2019 and W.M.P(MD)Nos.23516 and 23519 of 2019 1.N.Ahmed Ansari 2.K.Ajmal Khan 3.N.K.Ashik Ahmed ... Petitioners ..Vs..

1.The Secretary to the Government, Department of Higher Education, Fort St.George, Chennai-600 006.

2.The Director of Collegiate Education, Office of the Director of Collegiate Education, E.V.K.Sampath Maligai, D.P.I Complex, College Road, Chennai-600 008 3.The Joint Director of Collegiate Education, Office of the Joint Director of Colleciate Education, Raja Serboji Government Arts College Compled, Thanjavur Region, Thanjavur.

4.The Registrar, Bharathidasan University, Palagalai Perur, Trichy.

5.S.J.Abdul Hassan

6.Mr.Thangaraj 7.Mrs.Krishnavathi 8.Mrs.Vijayalakshmi 9.Mrs.Balammal 10.Mr.Gnanavel Raja 11.Mr.Mohammed Idrish 12.Mr.Sadiq Iqbal 13.Mrs.Vasanth 14.Mrs.Surath Sheba 15.Mrs.A.Ahilandeswari 16.Mr.Sulaiman ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records pertaining to appointment of the respondents 6 to 16 to the post of Assistant Professor in pursuant to the impugned notification issued by the 5th respondent college in the Hindu news paper dated 21.08.2019 and quash the same as illegal and unconstitutional and consequently forbearing the respondents 2 to 4 herein anyway granting approval or sanction for the appointments of Assistant Professor or Associate Professor made in favour of the respondents 6 to 16 herein. For Petitioner : Mr.C.Gangai Amaran For R1 to R3` : Mr.J.Ashok Additional Government Pleader For R7 to 16 : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers, For R5 : No appearance

O R D E R

This Writ Petition has been filed challenging the appointment of the respondent Nos.6 to 16 to the post of Assistant Professor based upon the impugned notification issued by the 5th respondent college in the Hindu News Paper dated 21.08.2019 and quash the same and consequently forbearing the respondents 2 to 4 herein anyway granting approval or sanction for the appointments of Assistant Professor or Associate Professor made in favour of the respondents 6 to 16 herein. 2.Heard Mr.C.Gangai Amaran, learned counsel appearing or the petitioner, Mr.J.Ashok,learned Additional Government Pleader appearing for the respondent Nos.1 to 3 and Mr.K.Ragatheesh Kumar, learned counsel appearing for M/s.Isaac Chambers, for the respondents 7 to 16.

3.The learned counsel for the petitioner would submit that the petitioner was appointed as a Hereditary Trustee of M.K.N.Trust for a period of three years from 13.06.2017 to 12.06.2020.

4.The grievance of the petitioner is that without constituting proper College Committee, the official respondents have issued a notification for filling up the vacant post. At this juncture, the learned Additional Government Pleader would submit that the petitioner's tenure of Trusteeship was over as 12.06.2020 and that the appointment of the petitioner was subsequently approved by the third respondent. 5.It is the further submission of the learned counsel for the respondents 7 to 16 that the appointment of these respondents is not based upon the impugned notification, whereas their appointment was based upon the earlier notification of the year 2017. In support of their contention, the learned counsel would also relate the approval order of the respondents, wherein the approved was sought for from 18.06.2018, through which the learned counsel for the private respondents would submit the above factum would vindicate the appointment of the private respondents prior to the notification. Hence, he prays to dismiss the writ petition.

6.The contention of the private respondents was reiterated by the learned Additional Government Pleader.

7.I have given my anxious consideration of the submission made on either side.

8.The main grievance of the petitioner is that without constituting proper College Committee, the official respondents had issued notification on 21.08.2019, therefore, the appointment of the private respondents is liable to be interfered with. As rightly contended by the learned counsel for the private respondents, the appointment of the private respondents is based upon the previous 2017 notification and not through the impugned notification dated 21.08.2019 and such factum is vindicated through the approval order granted by the second respondent with effect from the date mentioned herein below: Sl.No. Respondent Name and Post Appointment Date Approval given with effect from 1.

Mrs.Krishnamani, Assistant Professor in Histroy - Respondent No.7 25.06.2018 10.09.2018 2.

Mrs.Vijayalakshmi, Assistant Professor in History - Respondent No.8 18.06.2018 10.09.2018 3.

Mrs.Balammal Assistant Professor in History - Respondent No.9 19.09.2019 04.10.2019

4.

Mr.Gnanavel Raja Assistant Professor in History - Respondent No.

16.06.2017 14.06.2017 5.

Mr.Mohammed Idrish Assistant Professor in Business Administration Respondent No.11 29.07.2018 26.09.2018 6.

Mr.J.Mohamed Sadiq Iqbal Assistant Professor in Business Administration Respondent No.12 29.07.2018 26.09.2018 7.

Mrs.Vasanthi Assistant Professor in Zoology-Respondent No.13 29.07.2018 26.09.2018 8.

Mrs.Surath Sheba Assistant Professor in Economics Respondent No.

11.07.2018 10.09.2018 9.

Mrs.A.Ahilandeswari Assistant Professor in Economics-Respondent No.

01.07.2018 10.09.2018 10.

Mr.Sulaiman Assistant Professor in Commerce-Respondent No.

29.07.2018 26.09.2018 9.Therefore, it is ambly clear that the above appointment have no relevance with the impugned notification. Apart from that, while looking at the affidavit, the petitioner's tenure is only between 2017 - 2020, whereas we are now in the year 2025, and the petitioner's tenure has now become over.

10.In view of the above peculiar circumstances, this Court absolutely does not find any merit in the writ petition. Hence, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

04.11.2025 Index::Yes/No Ncc:Yes/No Ns To 1.The Secretary to the Government, Department of Higher Education, Fort St.George, Chennai-600 006.

2.The Director of Collegiate Education, Office of the Director of Collegiate Education, E.V.K.Sampath Maligai, D.P.I Complex, College Road, Chennai-600 008 3.The Joint Director of Collegiate Education, Office of the Joint Director of Colleciate Education, Raja Serboji Government Arts College Compled, Thanjavur Region, Thanjavur.

C.KUMARAPPAN,J.

Ns Order made in Writ Petition No.27228 of 2019 and W.M.P(MD)Nos.23516 and 23519 of 2019 04.11.2025