Khadir Mohindeen College vs Secretary To Government & Others

Mr.J.Gunaseelan  Muthiah,  learned  Additional  Government Pleader, appearing for the respondents.

By consent of both the parties, the Writ Petitions itself are taken up for final hearing.

The petitioner which is an Aided Minority College challenges the return of the proposals sent by it seeking approval of appointment of two persons as non teaching staff viz., Library Assistant and Sweeper.

It is not in dispute that these posts are sanctioned posts. The proceedings of the Deputy Director, Collegiate Education, Trichy-2, discloses that these two posts are sanctioned posts, coming within the staff strength of the College. While so, the Joint Director, Collegiate Education, had returned the proposals stating that in the absence of prior approval by the Directorate of Collegiate Education, the appointments cannot be approved. Aggrieved the petitioners are before this Court.

The fact that the posts to which two individuals have been appointed as a Library Assistant and Sweeper are sanctioned posts is not in dispute. This Court has held that prior approval of the appointment to a sanctioned post cannot be insisted insofar as the minority institutions are concerned, as such insistence would amount to interference with the rights of minorities guaranteed under the Constitution of India. Useful reference may be made to the judgment of the Division Bench of this Court in The Government of Tamil Nadu, Represented by the Secretary to Government, Department of School Education, Fort St.George, Madras-600 009 and others Vs. J.Rmila and others reported in 2018-1-Writ L.R.410.

In view of the said categorical pronouncement of the Division Bench of this Court, the order impugned in these Writ Petitions cannot be sustained. The orders impugned in these Writ Petitions stand quashed. These Writ Petitions are therefore allowed. There will be a direction to the third respondent viz., the Joint Director of Collegiate Education, Thanjavur, to approve the appointment of the petitioners within a period of four weeks from the date of receipt of a copy of the proposal from the College. The petitioner / Institution is directed to resubmit the proposals along with the copy of this order within a period of three weeks from today. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.