BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2026 CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A.(MD)No.322 of 2026 and C.M.P.(MD)No.3105 of 2026

1.The State of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort St.George, Chennai-600 009.

2.The Director of Collegiate Education, College Road, Chennai-600 006.

3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-627 008. ... Appellants vs.

The Secretary, St.Ignatius College of Education (Autonomous), Palayamkottai, Tirunelveli-627 002. ... Respondent PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 21.06.2024 in W.P.(MD)No.23255 of 2023 on the file of this Court.

For Appellants : Mr.J.Ashok Additional Government Pleader For Respondent : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers

JUDGMENT

[Judgment of the Court was made by N.SATHISH KUMAR, J.)

This writ appeal is filed challenging the order of the learned Single Judge dated 05.11.2024 in W.P.(MD)No.658 of 2023.

2.The respondent College has appointed one J.Antony James as watchman on 01.06.2022. When the proposal was sent for approval of the third respondent, the same was rejected on the ground that the post was not outsourced and entrusted on contract basis, in view of G.O.Ms.No.49, Employees and Administrative Reforms (F) Department, dated 14.05.2002.

The said rejection order was challenged before the learned Single Judge.

3.The learned Single Judge taking note of the fact that G.O.Ms.No.219 dated 24.10.2023, was quashed by this Court in W.P.(MD)No.15669 of 2016, which was confirmed by this Court in W.A.(MD)Nos.2096 and 2124 of 2019, has directed the authorities to grant approval of the appointment of one J.Antony James.

4.Being aggrieved, the State has preferred the present writ appeal stating that the appointment in the respondent College has not been made through outsourcing and the same cannot be approved.

5.Now, it is brought to the notice of this Court that the provisions to Rule 11 of Tamil Nadu Private Colleges (Regulation) Rules, 1976 has been amended from 03.04.2025, wherein it is clearly indicated that vacancy arising in Group 'D' category (except Office Assistant), shall be filled up through outsourcing in accordance with the Government Order.

6.It is relevant to note that the Government Order came into effect only on 03.04.2026 and there is no intimation as it could be applied retrospectively, hence, the same cannot be applied in the present case. Hence, we do not find any merits in this appeal, accordingly, it is dismissed. However, the respondents are directed to issue order within a period of one (1) month from the date of receipt of this order. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

[N.S.K.,J.] [M.J.R.,J.]

09.03.2026 NCC : Yes / No Index : Yes / No ta To The Director of Public Health and Preventive Medicine, DMS Complex, Theynampet, Chennai.

N.SATHISH KUMAR ,J.

and M.JOTHIRAMAN,J.

ta W.A.(MD)No.322 of 2026

09.03.2026