Mr. V. Anandhamoorthy, learned Additional Government Pleader, accepts notice for respondents 1 and 2. Mr. S. Bharathirajan, learned counsel, accepts notice for the third respondent. With consent, this writ petition is taken up for final disposal at the admission stage itself.
2 Dr. Elizabeth Christina, the petitioner herein, having been appointed by the third respondent college as Assistant Professor in the Department of English on 17.06.2015 in the retirement vacancy of Dr.J.Renuka Retnavathy who retired on 31.05.2015, has preferred this writ petition seeking a writ of mandamus directing the first respondent to approve her appointment as Assistant Professor in English in the Scott Christian College, Nagercoil in the sanctioned retirement vacancy of Dr.J.Renuka Retnavathy with effect from 17.06.2015, in the light of approval given by the first respondent to the similarly placed persons with monetary and all other attendant and service benefits.
3 According to the petitioner, she is fully qualified to be appointed as Assistant Professor as per the UGC norms since she has passed B.A.(English), M.A. (English), M.Phil. and also obtained doctorate degree. While so, in the third respondent college, one Assistant Professor by name J.Renuka Retnavathy retired on 31.05.2015 and in the said post, she was appointed by the third respondent college as she was found qualified for the said post. Subsequent to her appointment, she also joined duty on 17.06.2015 and since then, she has been continuously working in the third respondent college and thereafter, the third respondent also, vide proceedings dated 01.11.2016, has sent a proposal to respondents 1 and 2 requesting them to grant approval for her appointment. The first respondent, vide proceedings dated 12.10.1999, has granted permission to fill up vacancies that arose in the vacant post of the year 1999-2000 on or before 31.03.2000 and in the said proceedings, the number of sanctioned posts of Assistant Professor in English for the year 1999-2000 has been indicated as 17. As the petitioner was appointed with effect from 17.06.2015 in the 16th sanctioned post of Assistant Professor in English, it is stated that as per Rule 11(1) of the Tamil Nadu Private Colleges (Regulation) Rules, 1976, the Management need not once again get prior permission to fill up the vacancy arisen in the sanctioned post.
4 At this juncture, it is felicitous to point out that the issue that falls for the consideration of this Court, viz., whether a minority educational institution is under an obligation to obtain prior permission before making any appointment in a sanctioned post, is no longer res integra, for, while holding sitting at the Madurai Bench, I had an occasion to deal with a batch of writ petitions in B. Arul Ananda Ganesh and another vs. The Secretary to Government, Education Department, State of Tamil Nadu, St. Fort George, Chennai 9 and others1, wherein too, the issue was precisely the same as in the instant case. In the said judgment, following the judgment of a Division Bench of this Court in P. Ravichandran vs. State of Tamil Nadu and others2, it was held as under:
3. A cursory reading of the aforementioned Hon'ble Division Bench judgment in (2013) 7 MLJ 641, clearly shows that the issue raised in the present writ petitions, is no longer res integra, because, the Hon'ble Division Bench of this Court in the aforementioned judgment has also made it clear that 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.
4. Therefore, the issues raised in the present writ petitions having been settled by this Court, I have no hesitation to accept the prayer made by the petitioners.
5. In the result, the writ petitions are disposed of with a direction to the respondents to approve the appointment of the petitioners in the fourth respondent school and to sanction grant, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous petitions are closed. 5 In the instant case, the first respondent, vide proceedings dated 12.10.1999, has already granted permission to the third respondent school to fill up vacancies that arose in the vacant post of the year 1999-2000 on or before 31.03.2000 and in the said proceedings, the number of sanctioned posts of Assistant Professors in English for the year 1999-2000 has been mentioned as 17 and the petitioner has been appointed in the 16th sanctioned post of Assistant Professor in English on 17.06.2015.
6 Inasmuch as the aforesaid judgment in B. Arul Ananda Ganesh (supra) applies in all its fours to the facts of the instant case, this Court is of the considered view that the third respondent need not seek prior permission of the educational authorities to fill up the sanctioned post of Assistant Professor in English. Accordingly, this Court directs the first respondent to receive the proposal and pass appropriate orders in the light of the decision of this Court in B. Arul Ananda Ganesh (supra). Further, since the petitioner has been working from 17.06.2015 sans salary, such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
With the above direction, this writ petition stands disposed of. No costs.
23.03.2017 cad To 1 The Director of Collegiate Education College Road Chennai 600 006 2 The Joint Director of Collegiate Education Tirunelveli Region Tirunelveli 627 007 T. RAJA, J.
cad W.P. No.7129 of 2017 23.03.2017 http://www.judis.nic.in