N SANTHY Vs. DIRECTOR OF COLLEGIATE EDUCATION; JOINT DIRECTOR OF COLLEGE EDUCATION; SECRETARY, NESAMONY MEMORIAL CHRISTIAN COLLAGE

JUDGEMENT

(1.) With the consent of both sides, the Writ Petition is taken up for final disposal.

(2.) The petitioner is appointed in the vacancy that arose due to retirement or due to death of Assistant Professor in the concerned faculty in the third respondent College, an aided minority institution. Since the petitioner is appointed against the regular vacancies that arose due to death/retirement, her appointment has to be approved for the purpose of grant by the Joint Director of Collegiate Education, Tirunelveli Region, the second respondent herein, subject to the approval of the qualification of the petitioner by the third respondent University, as per Section 15 of the Tamil Nadu Private Colleges Regulation Act.

(3.) Under normal circumstances, after appointment in a regular vacancy, the College used to send proposal to the concerned University, seeking approval of qualification under Section 15 of Tamil Nadu Private Colleges Regulation Act. After getting approval, the College would seek grant for appointment from the concerned Joint Director of Collegiate Education and the Joint Director concerned is bound to sanction grant if the Teachers were appointed against the regular vacancy and if they are in possession of the requisite qualification as approved by the University.