Regularisation of appointments made on a temporary basis against self-finance courses without following the statutory recruitment process is not possible under the Tamil Nadu Private Colleges (Regulation) Act, 1976.

1. All these Writ Petitions came to be posted on being specially ordered by The Honourable Acting Chief Justice, by order dated 23.1.2013.

2. In W.P.No.15798 of 2007, five petitioners are seeking to set aside the order No. Nil, dated 9.4.2007 passed by the first respondent-Principal, Pachaiyappa's College, Chennai. By the impugned order, the petitioners were informed that the full time Lecturers in the Department of Computer Science and Microbiology would be terminated with effect from 12.4.2007 for the academic year 2006-2007. They were also informed that their names would be recommended to the Management by getting performance report of the respective Heads of Departments for appointment for the year 2007-2008. Challenging the said communication, W.P.No.15798 of 2007 came to be filed.

3. In W.P.No.15798 of 2007, "Notice of Motion" returnable in six weeks, was ordered on 27.4.2007 and interim order of stay was also granted.

4. Aggrieved by the grant of interim order of stay, the respondents 1 and 2 in W.P.No.15798 of 2007 filed M.P.No.1 of 2010 in W.P.No.15798 of 2007, seeking to vacate the said order of interim stay, dated 27.4.2007. Though it was filed as early as in 2010, it has not been taken up for disposal. The affidavit filed in support of the said vacate-stay-petition is sworn to by the then Principal-in-charge of Pachaiyappa's College, Chennai.

5. It is stated in the said affidavit that the Writ Petition is not maintainable and the allegation that the petitioners were working continuously is denied. It is further stated that the petitioners were the Teachers appointed for the self-finance courses conducted in respect of Microbiology and M.Sc. Computer Science and Technology. The said courses were started by the College without any financial aid from the Government. The demand for such courses fluctuated year by year and financial inflow through fee collection does not have stability. B.Sc. Microbiology course was suspended in the year 2000, as there was no demand from the students. The Teachers were appointed only on temporary basis and the salary to the teaching staff was paid on consolidated basis. M.Sc. Computer Science and Technology (5 year in graduate course) was suspended from the academic year 2003-2004, as it has lost its demand from the student community. The remaining years of the said course and the financial inability atleast to meet the salary expenses of the Teachers, are being conducted by the Teachers by paying salary from the Management funds. These courses were initially introduced with a motto to develop the educational standard of the poor and benefit the economically weaker sections of the society. The entire fee collection through the conduct of these courses, is being met only for the maintenance of the laboratories and for paying salary to the staff members. Since the appointments were made only on temporary basis, the appointed staff members have been exempted for the requisite pass in National Eligibility Test (NET) and State Level Eligibility Test (SLET) examinations. The working staff in self-finance courses are being paid 12 months' consolidated salary. The appointments were made on the basis of the conditions laid down by the then Administrator General and Official Trustee (AG & OT) and the order itself states that it is valid for full time Lecturers in self-finance courses for 2006-2007 for the period from 14.6.2006 or from the actual date of joining till the last working day of the College for the academic year 2006-2007 only and it was made clear that it will not confer any right for absorption against any regular vacancy of the Day College, which is covered under the Tamil Nadu Private Colleges (Regulation) Act and the Rules thereunder. It was also made clear that the appointment was purely temporary and liable for termination at any time without issuing any prior notice if the individual's services are found unsatisfactory. Though they were initially appointed on consolidated