P. Paramasivan v. Secretary to Government, Higher Education Department
2012-06-27
K.CHANDRU
body2012
DigiLaw.ai
Judgment :- 1. The petitioner, claiming to be the General Secretary of Social Justice Protection Forum, has sought for a direction to respondents 2 and 3 to implement the rules of reservation as enshrined under Articles 16(4) or 16(4A) of the Constitution of India and as per the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of Appointments or Posts in the services under the State) Act, 1993 and the University Grants Commission Guidelines of 2006 with effect from the date of the representation made by the petitioner to the Government, i.e. from 7.8.2006 as applicable to the Backward classes, Scheduled Castes and Scheduled Tribes in the appointment/promotion to the post of Principals in the six Government Aided Arts and Science colleges under the management of Pachaiyappa's Trust. 2. When the writ petition came up for hearing before the Division Bench on 14.7.2008, it was directed to be listed before the appropriate Single Judge hearing service matters. Subsequently, the writ petition was admitted on 28.7.2008. 3. Admittedly, all the colleges run by respondents 2 and 3 are covered by the provisions of the Tamil Nadu Private Colleges (Regulation) Act, 1976 and the Rules, 1976 framed thereunder. Under Rule 11, the State Government has imposed the rules of reservation in respect of private colleges, which are not the minority colleges and the said rule only mentioned about the initial appointment and there is no rule provided for promotion in respect of private colleges. Article 16(4-A) of the Constitution of India is an amended provision for the State Government in respect of reservation in the matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes. Therefore, the prayer made in the writ petition to implement the rules of reservation applicable to the Scheduled Castes and Scheduled tribes for appointment/promotion to the post of Principals in the six Government Aided Arts and Science Colleges under the management of Pachaiyappa's Trust, is not contemplated under Article 16(4-A). To that extent, the writ petition is not maintainable. 4. In respect of application of Article 16(4A), it is only an enabling provision. Such provision cannot be applicable in respect of respondents 2 and 3 colleges.
To that extent, the writ petition is not maintainable. 4. In respect of application of Article 16(4A), it is only an enabling provision. Such provision cannot be applicable in respect of respondents 2 and 3 colleges. It requires amendment to the provisions of the Tamil Nadu Private Colleges (Regulation) Act and Rules. The State Government must also take a constitutional decision and such reservation shall not be contemplated under Articles 16(4) or 16(4-A). 5. In the absence of any direction given in the Statutory law and the rules not being amended, the petition seeking for the direction to respondents 2 and 3, cannot be contemplated. Hence, there is no case made out by the petitioners to entertain this writ petition and the writ petition is dismissed. No costs.