IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE:- 03.09.2009 CORAM THE HONOURABLE MR. JUSTICE P. JYOTHIMANI W.P.No.17974 of 2009 Vallivalam Desikar Poly- technic College, rep. by its Chairman, Nagapattinam. ..Petitioner ..Vs.. The Commissioner of Technical Education, Guindy, Chennai – 25. ..Respondent Writ Petition under Article 226 of The Constitution of India, praying to issue a writ of mandamus, directing the respondent herein to grant approval for recruitment to the vacant teaching and non- teaching posts in petitioner-Management as reflected in the representation dated 3.8.2009 within a time frame to be fixed by this Court. For Petitioner : Ms. G. Thilakavathi For Respondents : Ms. Dhakshayani Reddy, Govt. Advocate O R D E R Ms. Dakshayani Reddy, learned Government Advocate takes notice for the respondent. 2. The writ petitioner-college has been approved by the Director of Technical Education in the year 1958-59 onwards with an annual intake of students of 120. The education department has also sanctioned 107 teaching and non-teaching posts, depending upon the approved strength of the students. As and when vacancy arises, the Management has been seeking approval from the Commissioner of Technical Education for filling up the same, since the appointment was within the sanctioned strength and not prescribed by A.I.C.T.E. https://hcservices.ecourts.gov.in/hcservices/ 3. It is stated that the Director of Technical Education has granted permission for filling up the eight posts, which are as follows:- "1. Head of Department (Civil Engineering) - One post 2. Head of Department (Refrigeration and - One post Air-conditioning Engineering) 3. Senior Lecturer (Mechanical Engineering) One post 4. Senior Lecturer (Electrical and Electronics Engineering) - Two posts 5. Librarian (Rs.8000-275-13,500) - One post 6. Workshop Instructor - Two posts (Smithy-one and Founder-one) The permission now accorded is valid for six months only." 4. The Government Order stipulates the other requirements, which are as follows:- " 1. Appointment should be made by direct recruitment, through Employment Office only. For teaching posts, the qualifications prescribed in CTE'S circular No.11779/C.4/2005 dated 11.06.2005 should be strictly followed. 2. Communal rotation should be strictly followed. 3. For Workshop Instructor post, appointment should be made from out of the list of retrenched employees of Census (1991) available with the District Collector. (Only if no candidate is available in the list of retrenched Census employees 1991, the question of addressing the Employment Office may be considered) 4. For the post of Librarian, only 'direct recruitment' should be made by following the qualifications prescribed in G.O.Ms.No.392 Edn. Dated 16.04.1985." 5. As on date, there are 44 posts lying vacant in the petitioner-institution and a Selection Committee has been constituted https://hcservices.ecourts.gov.in/hcservices/ as per the norms prescribed by the Directorate. Since the posts have not been approved, the petitioner has to make stop gap arrangement in making temporary appointment. In spite of repeated reminders, the approval has not been granted to the petitioner. The last reminder is dated 3.8.2009. 6. In these circumstances, the petitioner has filed the present writ petition for a direction to the respondent herein to grant approval for recruitment to the vacant teaching and non- teaching posts in petitioner-Management as reflected in the representation dated 3.8.2009 within a time frame to be fixed by this Court. 7. Considering the aforesaid facts and circumstances of the case and considering the fact that the vacancy in this institution is in enormous number for a long time, this writ petition is disposed of with a direction to the respondent to consider the representation dated 3.8.2009 and pass appropriate orders with regard to the approval of both teaching and non-teaching staff expeditiously, in any event within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ssa. To The Commissioner of Technical Education, Guindy, Chennai – 25. W.P.No.17974 of 2009 TEJ (CO) GSK 07.09.2009. https://hcservices.ecourts.gov.in/hcservices/