R.VIMALA Vs. DIRECTORATE OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners seeking for a direction to the respondents to initiate recruitment process for filling up the posts of Assistant Professors / Director of Physical Education / Librarian sanctioned by the first respondent and notified by the second respondent as per the details of vacancies set out in the Prospectus issued by the second respondent, dated 19.12.2010 and for consequential direction to appoint the petitioners who are fully qualified as per the University Grants Commission Regulations, 2009 guidelines as lecturers in six colleges run by the second respondent on permanent basis.

(2.) WHEN the matter came up on 12.09.2012, this court directed the learned Special Government Pleader to take notice for the first respondent. For the second respondent, private notice was ordered. On behalf of the second respondent, Mr.M.Devendran, Standing Counsel for the Pachaiyappa's Trust appeared.

(3.) IN this context, as to whether guest lecturers, who were appointed on consolidated pay by the Principal of the College, are entitled to be regularized without any selection process has to be considered first. The colleges run by the second respondent Trust are private colleges within the meaning of Section 2(8) of the Tamil Nadu Private Colleges (Regulation) Act, 1976. The appointment of any teacher has to be necessarily made by the College Committee in terms of Section 14(1)(b) of the said Act. The teachers who are to be appointed must be fully qualified in terms of the qualification prescribed under Section 15 of the said Act. Under Rule 11, the number of teachers employed in the college should not exceed the number of posts fixed by the Director from time to time with reference to academic requirement and norms prescribed by the respective university and over all financial considerations. The same rule also provides that reservation as per communal roster will have to be followed. Therefore, it cannot be said that the petitioners went through the selection process as contemplated under the Private Colleges (Regulation) Act.