Minority colleges can form their own Selection Committees.

Ms. Jessi Jeeva Priya, learned Special Government Pleader takes notice on behalf of the respondents 1 to 3. Mr. M. Sureshkumar takes notice on behalf of the fourth respondent and by consent of the respective counsel, the writ petition is taken up for final orders.

2. Theprayer in this writ petition is to issue a writ of mandamus, directing the fourth respondent University to give qualification approval to 8 lecturers viz., C. Jeyasekar, M. Moni, E. Ebin Raja Merly, D. Aruldhas, L. Padmaja, N.T. Nevaditha, C. Isaac Sobanaraj, G. Johncy Christobel, appointed in the college with effect from 26.7.2006, forthwith.

3. The brief facts necessary for the disposal of the writ petition as stated in the affidavit filed in support of the writ petition are that the petitioner-college is a Christian Minority College coming under Article 30 of the Constitution of India. In the petitioner college, 140 teaching staff and 65 nonteaching staff are sanctioned by the Department in various aided courses offered by the college. By an order dated 19.7.2006, the second respondent permitted to fill up eight posts of lecturers in the existing vacancies to the petitioner college. The said eight posts are as follows: Sl. No. Subject No. of Post(s)

01. English 1

02. Economics 1

03. Mathematics 1

04. Physics 2

05. Chemistry 2

06. Botany 1 Total 8

4. In respect of the said vacancies permitted to be filled up, the following lecturers, who are already appointed in retirement vacancies were accommodated. The details of the appointments are as follows:

Sl. No. Post Incumbent Qualification Appointment 1 English C. Jeyasekar M.A., M.Phil 26.7.2006 2 Economics M. Moni M.A., M.Phil, B.Ed 26.7.2006 3 Maths E. Ebin Raja Merly M.Sc., M.Phil 26.7.2006 4 Physics D. Aruldhas M.Sc., M.Phil 26.7.2006 5 Physics L. Padmaja M.Sc., M.Phil 26.7.2006 6 Chemistry N.T. Nevaditha M.Sc., M.Phil., M.Ed 26.7.2006 7 Chemistry C. Isaac Sobanaraj M.Sc., M.Phil., M.Ed 26.7.2006 8 Botany G. Johncy Christobel M.Sc., M.Phil 26.7.2006

5. After accommodating the said eight persons, the management submitted a proposal before the fourth respondent University on 17.8.2006, for the purpose of their qualification approval. The said qualification approval is necessary for the disbursement of grant-in-aid and paying salary to the said lecturers.

6. The grievance of the petitioner is that the fourth respondent is not passing order on the ground that the fourth respondent would not consider the proposal, in view of the University Grants Commissions Regulation, which contemplates that the appointment of lecturers in affiliated colleges should be made through a Selection Committee constituted as per the University Grants Commissions Regulation. The said stand of the University is not justified, in view of the minority character of the petitioner-college as the minority management is entitled to appoint lecturers, according to their choice, provided they are fully qualified, as it is a part of administration as guaranteed under Article 30(1) of the Constitution of India. In so far as the petitioner-college is concerned, the College Governing Board is. selecting the lecturers, who are the academic experts. In view of the said stand of the fourth respondent, the petitioner has filed this writ petition.

7. The learned counsel for the petitioner submits that the eight lecturers appointed in retirement vacancies now accommodated in the permitted vacancies, as referred above, were already appointed in leave vacancies previously in the very same Departments and their qualifications were approved by the fourth respondent by the following orders:

Sl. No. Date Particulars with approval proceedings Pages

1. 23.2.1991 Qualification approved by University for L. Padmaja. No. MSU/A/90-91 1

2. 4.3.1994 Qualification approved by University for N.T. Nevaditha. No. MSU/A2-/B92 2

3. 10.3.2000 Qualification approved by University for E. Ebin Raja Merly. No. MSU/CS/QA-6-2000 3 (2007) 1 MLJ 412 at 415

4. 2