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2017 Supreme(Mad) 617

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
T.S. SIVAGNANAM AND P. VELMURUGAN, JJ.
The State of Tamil Nadu rep. by its Secretary Department of Higher Education Fort St.George, Chennai and Ors. - Appellants
Vs.
G. Subramanian and Ors. - Respondents
W.A.(MD) Nos.36 of 2017 & 37 of 2017 and W.M.P.(MD) Nos.438 & 439 of 2017 respectively and W.A.(MD) No. 1453 of 2014 and W.A.(MD) Nos.1454, 1433 & 1434 of 2014 and M.P.(MD) Nos.1, 2 & 3 of 2014 respectively
Decided On : 07-04-2017

Advocates Appeared:
For the Appellants : Mr. V.R. Shanmuganathan
For the Respondents: Mr. Isaac Mohanlal, Mr. T. Cibi Chakraborthy, Mr. M. Ajmal Khan, Mr. C. Venkatesh Kumar, Mr. R. Subramanian, Mr. M. Muthu Geethayan

Headnote:

For the sake of convenience – Parties shall be referred to as per their ranking in the writ petitions – All these writ appeals are directed against the common order, filed by one Mr. G. Subramanian, who is the first respondent herein – W.A.(MD) Nos have been preferred by the Government – Whereas, W.A.(MD) have been preferred by the Management Naidu Memorial College, Sattur/fourth respondent in the writ petitions – Similarly, W.A.(MD) have been preferred by one A.Rajesh Khanna/fifth respondent in the writ petitions –Held, Government, while considering the proposal, ought to have accepted or rejected the proposal with regard to the roster issue. But, unfortunately, the Government took a different stand and stated that the petitioner has not fulfilled the norms prescribed by Anna University and he does not possess NET qualification – This stand taken by the State Government that too while considering the proposal of the second respondent - Director of Collegiate Education, seeking ratification of the petitioners appointment was totally uncalled for and not relevant to the recommendation made by the second respondent - Director of Collegiate Education, vide his proceedings – Therefore, the petitioner cannot be non-suited on the ground that the Management did not adhere to the roster point – Thus, both the legal issues raised by the appellants i.e., College and the Government deserve to be rejected – Writ appeals fail and they are dismissed.

JUDGMENT :

T.S. SIVAGNANAM, J.

All these writ appeals are directed against the common order, dated 18.09.2014, made in W.P.(MD) Nos.3151 and 3152 of 2009, filed by one Mr. G. Subramanian, who is the first respondent herein.

2. W.A.(MD) Nos.36 & 37 of 2017 have been preferred by the Government. Whereas, W.A.(MD) Nos.1453 and 1454 of 2014 have been preferred by the Management of Sri.S.Ramasamy Naidu Memorial College, Sattur/fourth respondent in the writ petitions. Similarly, W.A.(MD) Nos.1433 and 1434 of 2014 have been preferred by one A.Rajesh Khanna/fifth respondent in the writ petitions.

3. For the sake of convenience, the parties shall be referred to as per their ranking in the writ petitions.

4. The issue involved in these writ appeals is with regard to the approval of appointment to the post of Lecturer in Computer Science in the fourth respondent - College. The writ petitioner, namely, G. Subramanian was appointed as a Lecturer in Computer Science on contract basis in self-financed post in the fourth respondent - College, during 1991. While he was working as such in the fourth respondent - College, he met with an accident during September, 1992, resulting in permanent disability and as of now, both his lower limbs have been amputated.

5. During 1993, two posts of Lecturer in Computer Science was sanctioned for the fourth respondent - College. The petitioner made a request to the fourth respondent - College to appoint him in one of the newly sanctioned posts by considering his candidature as a person suffering from disability. The fourth respondent - College accepted his request and sought for permission from the third respondent - Joint Director of Collegiate Education. However, this request was rejected by the third respondent, by order, dated 18.03.1994, stating that the said vacancy falls in Most Backward Community Category and the petitioner being a Backward Community candidate cannot be accommodated.

6. On 19.03.1996, the fourth respondent - College invited applications for selection to the post of Lecturer in Computer Science from and out of the candidates, whose names were sponsored by the Tamil Nadu State Professional and Executive Employment Exchange, Madras. On 08.04.1996, the writ petitioner was selected and appointed as a Lecturer in Computer Science in the fourth respondent - College. On such appointment, the qualification obtained by the petitioner has to be approved by the Affiliating University, which is the sixth respondent in the writ petition. Therefore, the fourth respondent - College sent a proposal to the sixth respondent - University for approval, who in turn vide proceedings, dated 16.10.1996, approved the petitioner's qualification.

7. It appears that though the petitioner's qualification was approved by the sixth respondent - University, the Management of the fourth respondent - College did not take immediate steps to forward the petitioner's appointment for approval by the third respondent - Joint Director of Collegiate Education, as only after approval, salary would be released from the Government grant.

8. During January, 2000, the fourth respondent - College sent the petitioner's appointment for approval to the third respondent - Joint Director of Collegiate Education, for which a clarification was sought for by the third respondent with regard to the communal roster. On clarification being given by the fourth respondent - College, the second respondent - Director of Collegiate Education, vide communication, dated 01.08.2001, requested the first respondent - Government to ratify the action of the Management of the fourth respondent - College as the petitioner was working since 1991 in a self-financed post. This proposal for ratification submitted by the second respondent - Director of Collegiate Education was not accepted by the first respondent - Government and by order, dated 21.12.2001, the same was rejected for a different reason that the petitioner did not fulfill the requisite qualification, i.e





















































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