S. CHATTANATHA KARAYALAR COLLEGE, TENKASI, TIRUNELVELI DISTRICT REP. BY ITS SECRETARY N. RAJAMANI Vs. THE JOINT DIRECTOR, TAMIL NADU COLLEGIATE EDUCATION, TIRUNELVELI REGION, TIRUNELVELI,

JUDGEMENT

(1.) THE challenge in this writ petition is to the order of the first respondent dated 11.07.2002, in and by which, the first respondent has held that the termination of the services of the respondents 2 to 11 by the petitioner having been made without the prior permission of the first respondent, the petitioner should reinstate the respondents 2 to 11 and report the same to the first respondent.

(2.) ACCORDING to the petitioner, the appointment of respondents 2 to 11 came to be made on a temporary basis on the understanding that they would qualify themselves to hold the post. In order to continue them in employment, a notice dated 10.12.2001 was issued to each one of the respondents 2 to 11 pointing out that they failed to qualify till that date and that if they were to be continued in service, they should qualify themselves before 30 -04 -2002. According to the petitioner, as the respondents 2 to 11 failed to qualify themselves till 11.3.2002, the petitioner made an application before the Director of Collegiate Education seeking its permission for the removal of respondents 2 to 11, on the ground that they failed to qualify themselves in order to continue them in the services of the petitioner. Thereafter, by an Order dated 30.4.2002, the petitioner stated that the services of the respondents 2 to 11 were terminated and that they were relieved from their respective posts on and from the afternoon of 30 -4 -2002. The petitioner also claimed that a paper publication was made on 1.6.2002, wherein, for six out of the respondents 2 to 11, an intimation was made that since the order of termination dated 30 -04 -2002 was not received by them, that publication itself should be construed as the order of termination confirming the issuance of such order on 30 -04 -2002.

(3.) I am unable to accept any of the contentions raised on behalf of the petitioner. Section 19 of the Tamil Nadu Private colleges (Regulation) Act, 1976 provides the manner in which an order of dismissal in relation to any teacher or other person employed in any private College can be effected. Since the said Section is very relevant for our purpose the same is extracted: