P. RAVICHANDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ appeal is preferred against the order made in W.P.No.6811 of 2000 dated 25.6.2009, insofar as not deciding the issue raised by the appellant, viz., whether prior permission for filling up the sanctioned vacant post in appellant's Aided College is required or not.

(2.) The brief facts necessary for disposal of this writ appeal are as follows:

(3.) The writ petition was resisted by the Department contending that the State Government has delegated power to the Director of Collegiate Education to grant permission to fill up 100% vacancies available in aided colleges in G.O.Ms.No.637 Higher Education Department dated 14.12.1998 and approving the number of posts for grant in each and every faculty is based on the students strength as per the workload available for the specific academic year. The sanction order accorded for particular academic year lapses at the end of the said academic year. Hence fresh proposal has to be sent to the Director to get permission to fill up the vacancy arising in subsequent year with workload particulars. The Director of Collegiate Education being the competent authority to fix the number of posts from time to time to the aided colleges, prior permission is required for filling up even the vacant posts. Rule 11(1) contemplates requirement of seeking prior permission. The impugned orders in the writ petitions were issued as there were litigation in respect of five teaching posts pending in Madurai Bench.