G. SUBRAMANIAN Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) SINCE common issues are involved in both the writ petitions, they were heard together and disposed of by means of this common order.

(2.) THE fourth respondent in both the writ petitions is Thiru. S. Ramasamy Naidu Memorial College, Sattur, Virudhunagar District, is an aided linguistic minority College. As a matter of fact, the said College was declared as linguistic minority College only in the year 2007 by order dated 16.07.2007. Prior to 29.06.1993, in the department of Computer Science, there were two posts of Lecturer sanctioned by the Government for the said College. One Mr. Dhanapalan was appointed as a Lecturer as against the first vacancy followed by the appointment of one Krishnaveni as against the 2nd vacancy. On 29.06.1993, on considering the request made by the respondent College, the 2nd respondent/Director of Collegiate Education sanctioned two more posts of Lecturer in the department of Computer Science for the 4th respondent College. The petitioner had already been appointed on contract basis by the College on 21.01.1991 as a Lecturer (not against any sanctioned post). On 26.09.1992, the petitioner had met with an accident and had suffered 52% of disability. After the above two posts were sanctioned by the Directorate of Collegiate Education, on 17.01.1994, the petitioner submitted an application to the College seeking appointment as against 3% of vacancy reserved for physically disabled person as per G.O. Ms. No. 99, Personnel and Administrative Reforms Department dated 26.02.1988. The College, on principle, accepted the said request and submitted a proposal to the Joint Director of Collegiate Education seeking permission to appoint the petitioner under the said category as against one of the vacancies sanctioned on 29.06.1993. But the Joint Director refused permission because the said sanctioned vacancy was earmarked for Most Backward Class category, whereas the petitioner belongs to Backward Class. At this juncture, it is to be mentioned that until the College was declared as linguistic minority in the year 2007, the College was governed by the Tamil Nadu Recognized Private Colleges Regulation Act, 1976, and the Rules of reservation were made applicable to the College. After such refusal of permission by the Joint Director, the College took up the selection process to fill up the said vacancy. The another post, which was sanctioned on 29.06.1993, was filled up in the year 1993 itself by appointing one Mr. Arunesh. Thus, as against the last vacancy, the College called for list of eligible candidates from the Tamil Nadu State Professional and Executive Employment Office, at Madras. The petitioner's name was so sponsored along with others. The College conducted interview on 06.04.1996 and selected the petitioner for appointment to the said post. Accordingly, as against the post (earmarked for Most Backward Class), the petitioner was appointed with effect from 08.04.1996 though he belongs to Backward class.

(3.) THOUGH the petitioner was appointed as early as on 08.04.1996 and though his qualification was approved by the Madurai Kamaraj University on 16.10.1996, for the reason best known to the College, the College did not submit the proposal to the Directorate of Collegiate Education for approval of the appointment. Such proposal was submitted by the College to the Joint Director only on 24.01.2000. The Joint Director, on noticing the fact that the College had filled up the vacancy earmarked for Most Backward Class candidate by appointing the petitioner, who belongs to Backward Class, submitted a proposal to the Director of Collegiate Education to ratify the same. The Director, in turn, requested the Government by letter dated 01.08.2001 seeking ratification from the Government. In the said proposal, the Director had mentioned the date of appointment of the petitioner, erroneously as 09.09.1999 instead of 08.04.1996. The State Government, instead of ratifying the act of the College, rejected the proposal on the premise that the petitioner did not fulfil the required qualification as per Anna University norms i.e. NET/SLET and informed the same to the Director. This order was passed by the Government on 21.12.2001. The Director of Collegiate Education, in turn, returned the proposal to the College stating the same reason by letter dated 17.01.2002.