LAWS(MAD)-2019-4-966

R. NANTHINI Vs. STATE OF TAMIL NADU

Decided On April 24, 2019
R. Nanthini Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Notifications issued by the Pachaiyappa's Trust Board for appointment to the Post of Principal dtd. 20/4/2018 are under challenge in all the writ petitions and in W.P.No.27095 of 2018, the consequential proceedings dtd. 9/6/2018, appointing Dr.N.Shettu as Principal as Pachaiyappa's College, Chennai is also under challenge.

(2.) All these writ petitions are filed, challenging the process of selection conducted by the Selection Committee appointed by the Pachaiyappa's Trust Board and mainly on the ground that the University Grants Commission(UGC) Regulations as well as Sec. 11(4) of the Tamil Nadu Private Colleges (Regulation) Act were not followed. The grounds for challenging the Notification are common in all these batch of writ petitions and thus, all these writ petitions are taken together and the common order is passed.

(3.) Pachaiyappa's College, Chennai is one among the six colleges administered by the Pachaiyappa's Trust Board. The Pachaiyappa's Trust Board is now under the administrative control of the Interim Administrator appointed by the High Court. The colleges administered by the Pachaiyappa's Trust Board are governed by the Tamil Nadu Private Colleges (Regulation) Act and the Rules, 1976. Rule 11 of the Tamil Nadu Private Colleges (Regulation) Rules, 1976, provides promotion in respect of teaching staff shall be made on the ground of merit and ability. The sanctioned posts can be filled up by way of promotion or by direct recruitment. While making the promotions, the names of all the eligible and qualified teachers working in the Colleges are to be considered.