1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2011 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)Nos.10031 and 12131 of 2011 and M.P.(MD)No.1 of 2011 The Secretary, N.V.K.S.D. College of Education, Attoor & Post 629 191, Kanyakumari District. : Petitioner in both WPs vs. Tamil Nadu Teacher Education University, Lady Willington College Campus, Kamaraj Salai, Chennai-600 005 Represented by its Registrar. : Respondent in both WPs WP No.10031/2011 Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the respondent-University in letter No.TNTEU/R/Quali.Approval / CC10916/ 2011/1047 dated 25.7.2011, quash the same, further direct the respondent-University to grant qualification-approval forthwith to the appointment of S.Devika as Lecturer in Department of Education in the petitioner-College without insisting the Selection Committee constituted as per UGC Regulations. WP No.12131/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent-University to consider and pass orders forthwith on the petitioner's proposal dated 20.1.2011 together with the reminder thereto dated 19.8.2011 for the grant of qualification-approval to the petitioner appointment of P.Sheela as Librarian in the petitioner-College without insisting for the Selection Committee constituted as per UGC Regulations as per the law laid down by this Court reported in 2011 (2) MLJ 641. For Petitioner in both WPs : Mr.E.V.N.Siva For Respondent in both WPs : Mr.B.Pugalendhi, Additional Government Pleader. C O M M O N O R D E R The petitioner is a College of Education claiming minority status. It has come up with the first writ petition, challenging the order of the respondent refusing to grant approval for the appointment of a Lecturer. They have filed the second writ petition, https://hcservices.ecourts.gov.in/hcservices/ 2 seeking a direction to the respondent to approve the appointment of a Librarian. 2. Heard Mr.R.Karthikeyan, learned Additional Government Pleader for the respondent. 3. The petitioner is a College of Education, which was originally affiliated to the University of Madras. It is now affiliated to the respondent-University. 4. The Educational Agency of the petitioner filed a suit in O.S.No.1276 of 1986 on the file of the IX Assistant Judge, City Civil Court, Chennai and obtained a decree of declaration that it is a Linguistic Minority Institution. But the State Government refused to issue formal orders recognising the minority status of the petitioner, in view of G.O.Ms.No.270, Higher Education, dated 17.6.1998. Therefore, the petitioner filed W.P.No.20330 of 2001 on the file of the Principal Bench of this Court, seeking appropriate reliefs. The said writ petition was allowed by a judgment dated 9.3.2010 (reported in 2010 (4) MLJ 517}. The said judgment has attained finality, as there was no appeal by the Government. 5. One post of Librarian in the Department of Physical Sciences and one post of Lecturer in the Department of Education fell vacant respectively on 31.5.2005 and 1.6.2008 in the petitioner- College. The petitioner-College selected and appointed one P.Sheela as the Librarian by an order dated 5.6.2007 and she joined duty on 13.7.2007. Similarly, a person by name S.Devika was selected and appointed as Lecturer in the Department of Education by an order dated 1.8.2008 and she joined duty on 4.8.2008. 6. When the petitioner sought approval of these appointments, the respondent-University rejected the request of the petitioner, by order dated 25.7.2011 with regard to S.Devika. Challenging that order, rejecting the request for grant of approval in respect of S.Devika, the petitioner has come up with W.P.No.10031. In so far as the appointment of P.Sheela to the post of Librarian is concerned, the respondent is yet to pass any order. Therefore, the management has come up with the writ petition W.P.No.12131 of 2011, seeking a Mandamus. 7. The only ground on which the respondent has rejected the request of the petitioner for the approval of the appointment of S.Devika is that she was not selected by a duly constituted Selection Committee as per the revised UGC Regulations. But in Forum of Minority Institution Associations vs. State of Tamil Nadu {2011 (2) MLJ 641}, the UGC Regulations, 2000 have been held by a Division Bench of this Court to be inapplicable to the minority institutions. The fact that the petitioner is a minority institution cannot any more be in doubt, in view of the decree of declaration obtained by https://hcservices.ecourts.gov.in/hcservices/ 3 them from a Civil Court and the confirmation of the same by this Court in W.P.No.20330 of 2001. Hence W.P.No.10031 of 2011 deserves to be allowed. Accordingly, it is allowed, the impugned order is set aside and a direction is issued to the respondent to approve the appointment of S.Devika. 8. In so far as W.P.No.12131 of 2011 is concerned, the respondent has not so far passed any order either approving or not approving the appointment of P.Sheela as Librarian. Therefore, the said writ petition is disposed of, directing the respondent to consider the proposal dated 21.1.2011 relating to the approval for the appointment of P.Sheela as Librarian, in the light of the decision of the Division Bench of this Court in Forum of Minority Institution Associations vs. State of Tamil Nadu {2011 (2) MLJ 641}. The respondent shall pass appropriate orders within 4 weeks if the candidate is otherwise fully qualified. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To The Registrar Tamil Nadu Teacher Education University, Lady Willington College Campus, Kamaraj Salai, Chennai-600 005 +one cc to Special Government Pleader, Sr.No.43465 W.P.(MD)Nos.10031 and 12131 of 2011 svn SMA/19.12.2011/3C/3P https://hcservices.ecourts.gov.in/hcservices/