K. AYYAR VANDAYAR Vs. THIRU.BEATRICE MARGERAT, THE JOINT DIRECTOR OF COLLEGIATE EDUCATION, THANJAVUR AND OTHERS

JUDGEMENT

(1.) The brief facts required for disposal of the instant writ petition in WP(MD) No. 9876 of 2017 and the Contempt Petition(MD) No. 1114 of 2017 in W.M.P. No. 7569 of 2017 in W.P. No. 9876 of 2017 is as following that the writ petitioner namely K. Ayyanarvandayar, one of the Managing Committee member of A. Veerayavandayar Memorial Sri. Pushpam College is before this court challenging the impugned notification issued in the name of the 5th respondent/the Correspondent/Secretary of A. Veerayavandayar Memorial Sri. Pushpam College in Dinamani Tamil daily dated 17.05.2017 calling for applications to fill up the vacancies in their college.

(2.) The impugned notification of recruitment is under challenge on the following grounds that the impugned notification is arbitrary against law without approval by way of resolution of majority of trust board members. The 6th respondent, who is the in-charge Principal of the College do not have authority to make the recruitment process, since he is only under extension of Service by the Government beyond the actual age of Superannuation. The 6th respondent by playing fraud is proposed to fill up the vacancies as per his whims and fancies. The 6th respondent hand in glove with the other respondents dishonestly has proposed to fill up the vacancies by floating the rules, regulations and formalities to be adhered in filling up of the vacancies. The posts proposed for recruitment being public posts and the college receiving grant in aid from the government, the posts are liable to be filled up in due compliance with the rules and regulations of the University and Tamil Nadu Private Colleges Act.

(3.) In the said writ petition, the petitioner filed an application in W.M.P. No. 7569 of 2017 seeking for an interim direction to the respondents 1 to 4 herein to disallow the respondents 5 and 6 to proceed with the selection process as scheduled under the impugned notification dated 17.05.2017.