(1.) THESE Writ Appeals are preferred against the common order, dated 30. 04. 1997, passed in W. P. Nos. 17860 of 1990 and 6382 of 1991, in and by which the impugned orders of non-approval of appointment and termination of the appellant by the respondents were upheld by a learned single Judge.
(2.) WHILE W. P. No. 17860 of 1990 was filed challenging the order of the second respondent, dated 20. 08. 1990, and seeking a direction to the respondents 1 to 3 to approve the appointment of the appellant as a Lecturer in Tamil in the fourth respondent college, W. P. No. 6382 of 1991 was for quashing the order of termination, dated 05. 04. 1991, passed by the fourth respondent against the appellant. Therefore, the decision in Writ Appeal No. 643 of 1997, which is filed against W. P. No. 17860 of 1990, will have a bearing on W. A. No. 644 of 1997 as well.
(3.) THE case of the appellant was that fourth respondent college was a private and minority college within the meaning of Sections 2 (8) and 2 (7) of the Tamil Nadu Private Colleges (Regulation) Act,1976; during the year 1979-1980, pre-university courses were abolished in the State and in view of the same, several teachers became surplus; due to the agitation conducted by the teachers' organisation, the first respondent came out with a scheme to redeploy such of those teachers who were rendered surplus by giving job security to their employment; under the said scheme, the teachers, who were rendered surplus in a particular college, were to be redeployed in other private colleges with their lien continued to be retained in the parent college; during the academic year 1984-1985, the fourth respondent college, in their Tamil department, had an admitted strength of 1+5 i. e. , one Professor and five Assistant Professors; even before the sanctioned strength, two teachers in the fourth respondent college, namely, M/s. D. Pushparani and D. Jayarani Rajadurai, were rendered surplus and redeployed in other colleges; as the students strength started improving in the fourth respondent college and in view of opening of new disciplines, the requirement for additional staff arose, as a result of which, both the redeployed teachers were recalled to the fourth respondent college; however, by orders of the second respondent, dated 02. 01. 1985, Jayarani Rajadurai was allowed for permanent migration to the college in which she was redeployed and since there was no fall in students' strength for the academic year 1985-1986, the fourth respondent appointed the appellant as an Assistant Professor in Tamil with effect from 21. 10. 1985 in a permanent vacancy.