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2014 DIGILAW 1753 (MAD)

R. Kala Gnana Selvam v. State of Tamil Nadu

2014-06-27

D.HARIPARANTHAMAN

body2014
Judgment : 1. Heard both sides. By consent, the writ petition is taken up for final disposal. 2. The petitioner was appointed as Assistant Professor in Tamil on 02.07.2001 in the fourth respondent college, which is admittedly a minority institution. Therefore, the UGC Regulations relating to the selection procedure is not applicable to the fourth respondent college. Hence, the fourth respondent college appointed the petitioner in the regular vacancy that was caused due to the death of one Ms.Beula Samraj, Head of the Department, on 11.09.2000. 3. In my view, the fourth respondent college can appoint a qualified person. Of course, qualification has to be approved by the fifth respondent University, to which the fourth respondent college is affiliated, as per Regulation 15 of the Tamil Nadu Private Colleges (Regulations) Rules, 1976. Since the petitioner was appointed in the regular vacancy, the second and third respondents have to approve the appointment of the petitioner, for the purpose of sanction of grant, provided she possesses the requisite qualification, as approved by the fifth respondent University. 4. In these circumstances, the fourth respondent wrote a letter dated 25.02.2012 to the fifth respondent, seeking approval for the qualification of the petitioner. However, the fifth respondent sent a reply dated 19.06.2012 stating that the qualification approval could be granted only if the second respondent sanctions the post. 5. At this juncture, the learned counsel for the petitioner has brought to my notice an order dated 31.07.2013 passed by this Court in W.P.No.20899 of 2013 in similar circumstances, wherein the third respondent Joint Director therein sent proposal to the second respondent Director therein, for approval, as the petitioner therein was appointed against a regular vacancy that was caused due to the death of regular incumbent and also her qualification was approved by Manonmaniam Sundaranar University, as ascertained by the third respondent. 6. In the present case on hand, the petitioner was appointed in the regular vacancy that was caused due to the death of the incumbent one Ms.Beula Samraj on 11.09.2000. Therefore, no formal sanction is required. 7. 6. In the present case on hand, the petitioner was appointed in the regular vacancy that was caused due to the death of the incumbent one Ms.Beula Samraj on 11.09.2000. Therefore, no formal sanction is required. 7. In such circumstances, the writ petition is disposed of directing the fifth respondent University to decide as to whether the petitioner possesses the requisite qualification for the post of Assistant Professor in Tamil and pass orders, within a period of three weeks from the date of receipt of a copy of this order and communicate the same to the third respondent Joint Director. If the University approves the qualification, on receipt of such order, the second and third respondents are directed to pass appropriate orders, with respect to grant for the salary of the petitioner, for her services in the fourth respondent college, as Assistant Professor in Tamil, within a period of three weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.