SECRETARY NATIONAL COLLEGE Vs. N BASKARAN

JUDGEMENT

(1.) THIS Writ Appeal has been filed challenging the order of the learned single Judge, dated 24. 03. 2006 in W. P. No. 34327 of 2005 directing the Secretary, National College, Dindigul Road, Tiruchirapalli 620 001, the appellant herein, to make necessary application to the education department seeking permission to fill up the temporary vacancy to be caused by relieving the first respondent from the date of passing of the order. The 3rd respondent has been further directed to pass orders on the said application within a period of 10 days, keeping in view of the directions issued in the proceedings dated 11. 07. 1991. The appellant has also been directed to relieve the first respondent forthwith, so as to enable him to join duty in the fourth respondent University.

(2.) THE brief facts leading to the Writ Appeal are as follows: the first respondent is a Doctorate in Philosophy, working as a Reader and Head of the Department of Philosophy in the appellant college. When applications were called for by the fourth respondent University for the post of Director, Centre for Distance Education, in order to contribute to the cause of education and with an intention to develop his academic and administrative ability, the first respondent applied for the said post. The application was forwarded by the appellant college to the 4th respondent, University. The Registrar of the University, by proceedings dated 08. 07. 2005, informed the first respondent that he has been appointed as the Director, Centre for Distance Education in Bharathidasan University, Tiruchirapalli for a period of three years, with effect from the date of joining. The copy of the said appointment letter dated 8. 7. 2005 was also marked to the Appellant College. Thereafter, the first respondent addressed a letter dated 09. 07. 2005 to the Director of College Education, Chennai seeking permission to work in the University for a period of three years on lien basis. Quoting the resolution of the College Committee dated 31. 12. 2004, not to grant any lien to any teaching staff, the appellant by its letter dated 1. 08. 2005 has informed the respondent that his request cannot be complied with. Aggrieved against the same, the 1st respondent has sought for a Writ of Certiorarified Mandamus to quash the communication dated 1. 08. 2005 in R. C. No. 218/2005-2006 and for a direction to the respondents therein to permit him to join the University as Director, Centre for Distance Education with lien in the appellant college and for further orders.

(3.) THE first respondent has placed reliance on G. O. Ms. No. 1594, Education, dated 07. 11. 1989, wherein the Government is empowered to grant initial sanction of deputation of teachers working in aided colleges for the first year and thereafter, powers have been delegated to the Director of Collegiate Education to extend the period of deputation for second and third years on the same terms and conditions of the first sanction. While the Government and the Director of Collegiate Education are yet to pass orders, the appellant college has turned down the request. Further, the appellant being an 100% aided college is bound to follow the rules and regulations framed under Tamilnadu Private Colleges (Regulation) Act, 1976, hereinafter referred to as Act, and in particular, clause 4 the Code of Conduct contained in Annexure 1 of sub rule (1) framed under rule 12 of Tamilnadu Private Colleges (Regulation) Rules 1976 and Section 18 of the Act. The competent authorities to grant lien are 2nd and 3rd respondents, viz. , the Government and the Director of Collegiate Education, respectively and that the appellant college can only relieve the first respondent with some reasonable conditions as per the Code of Conduct. The denial of consideration of lien by the appellant in the absence of any other reason can never be considered as reasonable condition and in as much as temporary vacancies can be filled up by the appellant college, no prejudice would be caused.