STATE OF TAMIL NADU Vs. C. JEYASEKAR

JUDGEMENT

(1.) This writ appeal is preferred by the Government against the order passed by the learned single Judge in W.P. No.21856 of 2012 dated 05.11.2014. The said writ petition was filed for a mandamus to direct the second respondent therein/second appellant herein, to approve the appointment of the writ petitioner as a Lecturer in English in the second respondent college, with effect from 01.06.2001.

(2.) The writ petitioner was appointed as a Lecturer in the Department of English in the second respondent college in the year 1993, however, the appointment was not approved by the second appellant. Hence the petitioner filed W.P. No.16748 of 1998 before this court against the appellants 1 to 3 and this court directed them to consider the case of the writ petitioner/first respondent. Therefore, he was once again appointed in the new vacancy caused by the retirement of one A.John Ebenezer Chatterjee with effect from 20.06.2001, however, the approval was rejected by the third appellant on 12.03.2003. Thereafter, one more post of Lecturer in the Department of English in the second respondent college was granted by the second appellant. Once again the name of the writ petitioner was sent and the petitioner's appointment was approved on 26.07.2006. As the approval has not yet been granted, the writ petition has been filed.

(3.) The learned single Judge, passed the order placing reliance on a Division Bench judgment in W.A. No.2318 of 2011 dated 11.10.2013 in P.Ravichandran vs. State of Tamil Nadu and others wherein Rule 11(1) of the Tamil Nadu Private Colleges (Regulation) Rules, 1976, was considered and the Division Bench had given a finding that there is no requirement under the Tamil Nadu Private Colleges (Regulation) Act, 1976 and the Tamil Nadu Private College (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.