IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.04.2025 CORAM THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 9798 of 2025 Ayya Nadar Janaki Ammal College (Autonomous)

Rep. by its Secretary Mr.G.Abiruben S/o. Mr.A.Grahadurai Ayya Nadar Janaki Ammal College (Autonomous)

Sivakasi, Virughunagar District – 626 124. ... Petitioner ..Vs..

1. The Government of Tamil Nadu Represented by the Principal Secretary Higher Education Department Fort St. George Chennai – 600 009.

2. The Director of Collegiate Education I.A.S.E. Campus

577, Anna Salai, Saidapet Chennai – 600 015.

3. The Regional Joint Director Collegiate Education Madurai Region Madurai. ... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the second and third respondents to permit the petitioner college to fill up the sanctioned posts of Group D non-teaching staffs viz., Waterman -2, Gardener-2, Sweeper-5, Scavenger-2, Watchman-2 and Groundsman/Marker-4 in the sanctioned vacancies in the light of the order of this Hon'ble Court made in W.P.(MD).No. 1234 of 2014 dated 24.02.2015 in W.A.(MD).No. 931 of 2018 dated 12.07.2018 which has been confirmed the Hon'ble Apex Court in SLP.No. 323 of 2019 dated 18.01.2019 and to approve the said appointments.

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For Petitioner :: Ms. Selvi George for Mr. E.Martin Jaya Kumar For Respondents :: Mr. C. Jayaprakash Government Advocate

ORDER

The Writ Petition has been filed in the nature of a Mandamus seeking a direction against the second and third respondent to permit the petitioner to fill up the sanctioned posts of Group-D non-teaching staff like Waterman -2, Gardener-2, Sweeper-5, Scavenger-2, Watchman-2 and Groundsman/Marker-4 in the sanctioned vacancies. The petitioner placed reliance on the order of this Court in W.P.(MD).No. 1234 of 2014 dated 24.02.2015 and in W.A.(MD).No. 931 of 2018 dated 12.07.2018 which had been confirmed by the Hon'ble Supreme Court in SLP.No. 323 of 2019 dated 18.01.2019. The petitioner seeks approval of the said appointments.

2. In the affidavit filed in support of the Writ Petition, it had been contended that the petitioner is a college for Arts and Science at Sivakasi and is an aided Institution. It had been contended that the petitioner had been sanctioned with non teaching staff under Grade-D under the aided scheme. Consequent to the proceedings of the respondents in Na.Ka.No. 42834/S2/72 dated 11.10.1973, Na.Ka.No.2357/F1/87 dated 28.10.1987 and G.O.Ms.No. 661 dated 16.05.1990, the petitioner had filled up the posts of Waterman -2, Gardener-2, Sweeper-5, Scavenger-2, Watchman-2 and Groundsman/Marker-4 in the sanctioned vacancies, and had thereafter, sought approval of the same. But however, only 50% of the posts had been granted approval. It is under those circumstances that the present Writ Petition has been filed.

3. The learned counsel for the petitioner placed reliance on the order of this Court in W.P.No. 6306 of 2025 [ Dharmapuram Adhinam Arts College Vs. The Government of Tamil Nadu and others] wherein by an order dated 24.02.2025 in paragraph No.25, this Court in similar circumstances had held as follows:-

“2. Even though the petitioner institution has a right to fill up such posts, on the side of the respondents it is contended that a policy decision has been taken by the Government to fill up even sanctioned post in aided Educational Institution through outsourcing. It is contended that a uniform policy is to be adopted for filling up these posts and if the Management is given a free hand, there would always be a possibility of over looking existing norms for appointments and appointing individuals at the whims and fancies of the Management of the Educational Institutions.

3. However, the learned counsel for the petitioner had placed reliance on the judgment of the Division Bench of this Court dated 19.07.2019 in W.A.Nos.2096 and 2124 of 2019 which appeals were preferred by the State against the order of a learned Singl