ASSOCIATION OF EVENING CLASSES TEACHING STAFF PACHIAPPAS COLLEGE CHENNAI Vs. DIRECTOR OF COLLEGTIATE EDUCATION COLLEGE ROAD CHENNAI

JUDGEMENT

(1.) THE petitioner-association has filed this writ petition seeking to issue a writ of mandamus, directing the respondents 2 and 3 to consider the claims of all teachers taking Evening Classes in the Pachiappa's College, Chennai for various posts for which requisition has been sent to employment exchanges and select the candidates in accordance with law.

(2.) ACCORDING to the petitioner-association when a teaching post is filled up by direct recruitment according to Rule 1 1(4(ii) of the Tamil Nadu Private Colleges (Regulation) Rules, 1976, (hereinafter called "the Rules") the vacancy should be filled up by calling for applications from qualified persons through press and also by calling a list of candidates from the employment exchange. The petitioner-association also has relied on G.O.Ms.No.1785, Education, dated 5.12.1988 and G.O.Ms.No.111 Higher Education Department dated 24.3.'99 in support of their case. It is also case of the petitioner that the registration in the Employment Exchange is though with the State Level Professional and Executive Employment Exchange, list of candidates is being sponsored to the posts which is available in the Districts in which a person has registered his name. By adopting the same method the persons who registered in the said Exchange with Chennai address will not be sponsored for the vacancies arise in the institutions at Kancheepuram and Cuddalore, though all the colleges come under the same management. It is the specific case of the petitioner-association that the respondents 2 and 3 are calling for names from the respective Districts for colleges situated in those districts which arbitrary and violative of Articles 14 and 16 of the Constitution and also opposed to Rule 1 1(4)(ii) of the said Rules. The same is also contrary to G.O.Ms.No.1785 Education, dated 5.12.98 and G.O.Ms.No.111, Higher Education Department, dated 24.3.99.

(3.) FOR the appointment of lecturers in various faculties in the colleges of the Pachaiyappa's Trust, the 2nd respondent has sent a communication on 7.1.2000 asking the Assistant Director, Professional and Executive Employment Exchange, R.K. Mutt Road, Mylapore, Chennai to furnish the list of candidates fully qualified for the lecturer post before February/March, 2000. They have enclosed the necessary pro forma particulars along with the said letter. Again on 9.2.2000, the 2nd respondent requested the Assistant Director to sponsor the list of candidates for the post of lecturer in Physics excluding the list sent already so as to enable him to select suitable candidates by interview. On the basis of such request, the employment exchange seems to have sent the list of names for the purpose of selection. According to the 2nd respondent, interviews have been conducted and are waiting orders from this Court for making every appointment. At this stage, the petitioner-association has filed this writ petition.