B. ARUL ANANDA GANESH Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) These writ petition have been filed for the issuance of a Writ of Mandamus directing the 3rd respondent to approve the appointment of petitioners as Office Assistant and Junior Assistant respectively at 4th respondent school and consequently disburse all the service and monetary benefits from 19.05.2016 in accordance with the provisions Tamil Nadu Private School Regulation Act and Rules.

(2.) With regard to the legal position in respect of minority institutions, whether prior permission should be obtained before filling up any vacancy in a sanctioned Post, the Honourable Division Bench of this Court even three years ago, in P.Ravichandran Vs. State of Tamil Nadu and others reported in (2013) 7 MLJ 641, has settled the issue. It is relevant to extract paragraph Nos.17 and 20 of the above said judgment:-

(3.) A cursory reading of the aforementioned Honourable Division Bench judgment in (2013) 7 MLJ 641, clearly shows that the issue raised in the present Writ Petitions, is no longer res integra, because the Honourable Division Bench of this court in the aforementioned judgment has also made it clear that there is no requirement under the Tamil Nadu Private Colleges (Regulation) Act, 1976 and Tamil Nadu Private Colleges(Regulation) Rules, 1976, to seek prior permission to fill up any vacant post in an aided college, which has already been sanctioned for the academic year by the Director of Collegiate Education under Rule 11(1) of the Rules.