Reversion of Principle as senior lecturer.

1. Petitioner seeks a writ of certiorarified mandamus, calling for the records relating to the proceedings of the 4th respondent, dated 10.7.1991, made in Na.Ka.No.4031/91-92 and to quash the same and consequently to forbear the 4th respondent from reverting the petitioner from the post of Principal of the 4th respondent-college.

2. Facts in brief are:

The petitioner was working as Senior Grade Lecturer (Tamil) from 22.6.1964 in the 4th respondent-college, which is getting aid and grant from the Government and affiliated to the Bharathidasan University, 3rd respondent herein, and governed by the provisions of the Tamil Nadu Private Colleges (Regulations) Act, 1976 (hereinafter referred to as ‘the Private College Act’). The petitioner was promoted and appointed as Principal of the 4th respondent-college, with effect from 31.5.1990. The appointment of the petitioner as Principal of the 4th respondent-college was duly got approved by the competent authorities, viz., Respondents 1 to 3. The petitioner, in her personal capacity, wrote a letter dated 4.4.1991, to the Head of the Adheenam, complaining that she was not getting adequate help from the Management of the 4th respondent-college to improve the standard of the institution and that if she could not get adequate help to improve standard of the institution, she had no option but to quit the services by offering voluntary retirement. However, by letter dated 21.5.1991, the petitioner requested the Management not to act upon her earlier letter dated 4.4.1991. Thereafter, by letter dated 2.6.1991, the petitioner had applied for 20 days leave from 3.6.1991 onwards. In the meantime, the Management of the 4th respondent-college, by its proceedings dated 5.6.1991, appointed one Mr.R.Selvaganapathy as Principal (Incharge) of the 4th respondent-college and believed the petitioner from the post of Principal, and by the very same proceedings, the petitioner was permitted to retire from service, with effect from 3.7.1991, of course, subject to the approval of the competent authorities, by treating the petitioners letter dated 4.4.1991 as her letter of voluntary retirement. Even though, after the expiry of the leave period of 20 days, the petitioner joined for duty on 22.6.1991 to take charge as Principal of the 4th respondent-college, by letter dated 22.6.1991, the petitioner was called upon to explain as to why she did not hand over the charge to the new incumbent before proceeding on leave. However, the 2nd respondent, by letter dated 2.7.1991, informed the Management of the 4th respondent-college, that the petitioners letter dated 4.4.1991 could not be treated as her letter of voluntary retirement and requested the Management to permit the petitioner to continue as the Principal of the 4th respondent-college. But the 4th respondent-college, by the impugned proceedings, dated 10.7.1991, made with reference to the resolution dated 9.7.1991 of the Educational Committee of the 4th respondent-Adheenam, reverted the petitioner to the post of Senior Grade Lecturer in Tamil, and further directed the petitioner to handover the charge of the Principal to the new incumbent, who would be entitled for the salary for the post of the Principal only subject to the approval of the competent authorities.

3. Mr.K.Chandru, learned senior counsel for the petitioner, contends that since the 4th respondent-college is not a minority institution and governed by the Private Colleges Act, the College Committee alone is competent to exercise the powers of the Educational Agency to appoint teachers and therefore, the impugned proceedings being passed with reference to the resolution dated 9.7.1991 the same is wholly without any jurisdiction. Mr.K.Chandru, by placing reliance on the decision in The Ayya Nadar Janaki Ammal College etc. Sivakasi v. A.Pandian and others The Ayya Nadar Janaki Ammal College etc. Sivakasi v. A.Pandian and others The Ayya Nadar Janaki Ammal College etc. Sivakasi v. A.Pandian and ot