BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ORDER RESERVED ON : 19.02.2026 ORDER PRONOUNCED ON : 24.02.2026 CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.3294 of 2026 Ayya Nadar Janaki Ammal College (Autonomous)

Rep.by its Secretary Mr.G.Abiruben ....Petitioner Vs The District Employment Officer District Employment and Career Guidance Centre Soolakkarai 626 003 Virudhunagar District ....Respondent Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, seeking direction to the respondent to circulate the list of eligible candidates to the petitioner to fill up Group-D non-teaching posts for Waterman-2, Gardener-2, Sweeper-5, Scavenger-2, Waterman-2 and Grounds man/Marker -4.

For Petitioner : Mr.N.Dilipkumar For Mr.E.Martin Jaya Kumar For Respondent :Mr.P.T.Thiraviyam Government Advocate

ORDER

The present writ petition has been filed by an Aided Non-minority Institution seeking a mandamus directing the respondent to circulate the list of eligible candidates to the petitioner college to fill up Group-D non-

teaching posts.

(A)Factual Matrix:

2.According to the learned counsel appearing for the writ petitioner, the College was started in the year 1963 and they are having the sanctioned post of 18 Group-D non-teaching posts under aided category. Out of 18 sanctioned posts, 17 of them have fallen vacant due to the retirement, death and promotion between the year 2000 and 2021.

3.The petitioner institution has submitted a proposal to the educational authority on 22.01.2025 and a reminder dated 04.03.2025 seeking their approval to fill up 17 sanctioned Group-D vacancies. Since the request was not considered, the petitioner institution had filed W.P.No.9798 of 2025. The said writ petition was disposed of on 09.04.2025 wherein it was observed that the management has got every right to fill up the said post in accordance with the procedure followed by the petitioner college.

4.The petitioner management has addressed a communication to the respondent herein on 14.05.2025 requesting them to sponsor candidates to fill up the vacancies. Certain clarifications were sought for by the respondent which were explained on 17.06.2025 by the petitioner management. On 07.07.2025, a communication has been addressed by the respondent to the petitioner management to the effect that they have to enclose a copy of the prior permission order of the Director of Collegiate Education to fill up the posts.

5.In the light of the above said facts, the present writ petition has been filed.

(B).Submissions of the learned counsel appearing on either side are as follows:

6.The learned counsel appearing for the writ petitioner had relied upon a Division Bench judgment of our High Court reported in (2013) 7 MLJ 641 (P.Ravichandran Vs. State of Tamil Nadu Rep. by Secretary to Government, Department of Higher Education, Chennai and others) had contended that the prior permission is not required by the management of the private aided Colleges to fill up vacancies of teaching and non-teaching staff arising out of sanctioned post and in the absence of any prohibitory order issued by the Government. He had further submitted that G.O.(Ms).No.66, Higher Education (D2) Department dated 03.04.2025 would not be applicable to the cased where the vacancies arisen prior to the date of the said Government order. Therefore, the management cannot be compelled to appoint the non-teaching staff through out-sourcing. Hence, he prayed for allowing the writ petition.

7.Per contra, the learned Government Advocate appearing for the respondent had submitted that the petitioner Institution is an non-minority institution. Though posts may be sanctioned post, for filling up the same, prior permission of the educational authority is required. The Government has issued G.O.(Ms).No.66, Higher Education (D2) Department dated 03.04.2025 wherein the Tamil Nadu Private Colleges (Regulations) Act 1976 has been amended to the effect that other than of