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High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. K.A. SWARM & THE
HONOURABLE MR. JUSTICE SOMASUNDARAM
Jawahar College Staff Association, 180-A, Block-6, Ncyveli by its Secretary and another
Versus
University of Madras represented by its Registrar, Chepauk and others
W.A.Nos.1032 of 1993, 1039 to 1064 of 1993 and W.P.Nos.21082 of 1992, 10663 to 10687 of 1993, 10999 of 1993 and 11557 of 1993
Decided On : 05-10-1993
PRIVATE COLLEGES (REGULATION) ACT - APPLICABILITY - APPOINTMENTS - APPROVAL BY UNIVERSITY SYNDICATE - REGULARISATION OF TEMPORARY LECTURERS - JURISDICTION OF HIGH COURT UNDER ART.226 OF THE CONSTITUTION OF INDIA.
Fact of the Case:
The writ appeals and writ petitions challenged the order of the learned single Judge, who had issued directions to stay the order of termination of services of 23 teaching staff of Jawahar Science College, a private unaided college, and to make the stay absolute. The main issues raised were whether the provisions of the Tamil Nadu Private Colleges (Regulation) Act, 1976 (the Act) applied to the college, whether the resolution passed by the University Syndicate refusing to approve the appointments of lecturers was valid, whether the appointments made by the college took effect only on the approval of the Syndicate, and whether the petitioners, who were temporary lecturers, were entitled to be regularised.
Finding of the Court:
1. The Jawahar Science College was held to be a private college governed by the Act, as it was established after the Act came into force, was maintained by an educational agency, and was approved by or affiliated to a university. 2. The resolution passed by the University Syndicate refusing to approve the appointments of lecturers was quashed as it did not consider the appointments in the manner required and did not give any reason relevant to the issue. 3. The appointments made by the college were held to become effective as per the terms of the order of appointment and would remain in force until disapproved by the Syndicate. 4. The High Court declined to exercise its jurisdiction under Art.226 of the Constitution of India to determine the question of regularisation of the services of the temporary lecturers, as the Act provided for an appeal to the Commissioner for Collegiate Education and a further appeal to the tribunal. The college undertook to pay the salary to the petitioners during the pendency of the appeals before the appellate authority.
Issues: 1. Applicability of the Tamil Nadu Private Colleges (Regulation) Act, 1976 to Jawahar Science College. 2. Validity of the resolution passed by the University Syndicate refusing to approve the appointments of lecturers. 3. Whether the appointments made by the college took effect only on the approval of the Syndicate. 4. Entitlement of the temporary lecturers to regularisation of their services.
Ratio Decidendi: 1. The definition of 'private college' under the Act includes colleges maintained by an educational agency and approved by or affiliated to a university, irrespective of whether they are aided or unaided. 2. The University Syndicate's power under Statute 27 of Chapter XXVI of the Laws of the University of Madras is to satisfy itself that the appointments meet the requirements of the University, and not to grant prior approval. 3. The appointments made by the college become effective as per the terms of the order of appointment and remain in force until disapproved by the Syndicate. 4. The High Court will not exercise its jurisdiction under Art.226 of the Constitution of India to determine the question of regularisation of services when the Act provides for an appeal to the Commissioner for Collegiate Education and a further appeal to the tribunal.
Final Decision: 1. The order of the learned single Judge was set aside. 2. Jawahar Science College was declared as a private college falling within the meaning of the Act. 3. The resolution passed by the University Syndicate refusing to approve the appointments was quashed. 4. The appointments of 26 lecturers made by the college were held to continue to be operative unless disapproved by the Syndicate. 5. The appeals filed by the temporary lecturers before the Director of Collegiate Education were transferred to the Joint Director of Collegiate Education for hearing and decision within three months.
K.A.Swami, CJ.
The writ appeals are preferred against the Order dated 9. 1993 passed by the learned single Judge in W.M.P.Nos. 16279 to 16304 of 1993,16806 of 1993,17608 of 1993 and 19245 of 1993. The learned single Judge has issued the following directions:
“The next contention of Mr.U.N.R.Rao and Mrs. Nalini Chidambaram, learned Senior Counsel, is that there cannot be any stay of order of termination. It is true generally, courts do not stay any order of termination. But here is no axiomatic principle of law that courts can never grant stay of order of termination and a Court exercising jurisdiction under Art.226 of the Constitution of India cannot be shackled by any such principle. It has already been noticed that the order of termination is in gross violation of the provisions of Sec. 19(2) of the Tamil Nadu Private Colleges Regulation Act. When the writ petitioners were claiming for regularisation of their temporary services, the respondent management has issued the order of termination and thereby throwing all the 23 and odd teaching staff on the streets. Therefore, I am satisfied on the facts and circumstances of the case, that stay of the termination order should be granted. Even the balance of convenience is in favour of making the stay absolute. In view of what I have said above, it is unnecessary for me to refer to the elaborate arguments of the counsel for the petitioners as well as the respondent and the decisions relied on by them. Even though at one stage I felt that the main writ petitions filed by various parties themselves could be disposed of Mr.U.N.R.Rao was not agreeable to the said course and wanted to be passed in the Writ Miscellaneous petitions. In the result, W.M.P.Nos. 16279 to 16304 of 1993 are allowed and the interim stay granted on6. 1993 is made absolute. W.M.P.No. 19245 of 1993 in W.M.P.No.16302 of 1993 in W.P.No.10685 of 1993 is dismissed. W.M.P.No. 17608 of 1993 in W.P.No.l 1557 of 1993 is dismissed and the interim stay granted on 26. 1993 is vacated. W.M.P.No.16806 of 1993 in W.P.No.10999 of 1993 is allowed and the interim stay granted on 16. 1993 is made absolute. Having regard to the scope of W.P.Nos. 10663 to 10687,10999 and 11557 of 1993 and 21082 of 1992, they are directed to be listed for final hearing before the concerned Hon’ble Judge on 19. L993”.
2. When these appeals came up for hearing, we considered it necessary to hear the writ petitions also, as the arguments in the writ appeals and in the writ petitions were going to be the same. Therefore by consent of both the parties, the writ petitions were directed to be posted along with these appeals. Accordingly, W.P.Nos.10663 to 10687 of 1993,10999 of l993,11557 of 1993 and 21082 of 1992 are also posted along with W.A.Nos.l032 of 1993 and 1039 to 1064 of 1993. We have heard all these writ petitions and writ appeals.
3. In the light of several contentions urged on both sides, the points that arise for consideration are as follows:
.(1) Whether the provisions of the Tamil Nadu Private Colleges (Regulation) Act, 1976apply to the appellant college, viz., Jawahar Science College?
.(2) Whether the resolution dated 6. 1993 passed by the University Syndicate is valid in law?
.(3) Whether the appointments made by Jawahar Science College by way of direct recruitment of Lecturers take effect only on the approval of the same by the Syndicate of the University of Madras or as per the terms of appointment order.
.(4) Whether the petitioners in W.P.Nos.10663 to 10687 are entitled to be regularised. Point No. 1: Jawahar Science College is an unaided private college. It has been established after the coming into force of the Tamil Nadu Private Colleges (Regulation) Act 1976 (hereinafter referred to as the Act) which came into force on 21st November, 1975. It has been started with the permission of the State Government accorded under G.O.Ms.No.873, Education, dated 26. 1986. Several conditions are imposed for permitting to open the col
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