PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records of the second respondent herein pertaining to the impugned order dated 30.10.2025 bearing File No.7459-2025-F3, passed by the Commissioner of Collegiate Education and the impugned order dated 06.02.2026 bearing reference No. 4296/Aa4/2023, passed by the third respondent herein rejecting the representation of the petitioner dated 25.11.2025 and quash the same by consequently directing the second respondent to approve the appointment of the petitioner with the fourth respondent with effect from his date of joining i.e., 07.06.2023 and consequently release the outstanding salary payable to the petitioner calculated from the date of joining i.e., 07.06.2023 till February 2026 amounting to Rs.7,34,466/- (Rupees seven lakh thirty-four thousand four hundred and sixty-six only). [Prayer amended vide Court Order dated 12.03.2026 in W.M.P.(MD) No.5748 of 2026.]

O R D E R

This writ petition has been filed challenging the proceedings bearing File No.7459-2025-F3, dated 30.10.2025, issued by the second respondent and the proceedings bearing Reference No.4296/Aa4/2023, dated 06.02.2026, issued by the third respondent, whereby the request made by the fourth respondent – College to approve the appointment of the petitioner in the post of Sanitary Worker was negatived and also seeking a consequential direction to the second respondent to approve the appointment of the petitioner as Sanitary Worker in the fourth respondent – College.

2. The brief facts that are relevant for disposal of this writ petition are as under:

2.1. Consequent upon the vacancy that arose in the post of Sanitary Worker in the fourth respondent – College, the fourth respondent approached the Regional Joint Director of Collegiate Education, Tiruchirappalli Region, seeking permission to fill up the said post. Accordingly, the fourth respondent – College was granted permission through proceedings bearing Na.Ka.No. 2759/E1/2022, dated 07.05.2022. Pursuant to the said permission granted by the Regional Joint Director of Collegiate Education, the fourth respondent took steps to fill the said post along with certain other posts by issuing a Notification dated 14.05.2022. Pursuant to the said Notification, the fourth respondent selected and appointed the petitioner as Sanitary Worker by an order dated 05.06.2023. Accordingly, the petitioner joined in the said post on 07.06.2023.

2.2. It was thereafter, the fourth respondent submitted a proposal to the third respondent for approval of the appointment of the petitioner in the post of Sanitary Worker. The said request of the fourth respondent dated 30.06.2023 was returned by the third respondent through proceedings dated 20.04.2024 by placing reliance on G.O.(Ms) No.49, Personnel and Administrative Reforms (F) Department, dated 14.05.2002 and the letter of the second respondent dated 05.06.2023, wherein it was directed that all the Group-D posts should be filled up through outsourcing.

2.3. However, the fourth respondent re-submitted the said proposal through letters dated 13.06.2024 and 11.03.2025 on the ground that the fourth respondent has already obtained permission for filling up of the said post as early as on 14.05.2022 and therefore, subsequent orders issued directing to fill up the Group-D posts only through outsourcing have no application to the appointment of the petitioner herein. The said proposal was once again forwarded to the second respondent by the Regional Joint Director of Collegiate Education through proceedings dated 21.08.2025. The second respondent herein, through its letter dated 30.10.2025, opined that Sub Rule 3(ii) of the Tamil Nadu Private Colleges (Regulation) Rules, 1976 was amended through G.O.(Ms).No.66, Higher Education Department (D2), dated 03.04.2025 and therefore, Group-D posts must be filled up only through outsourcing and therefore, the appointment of the pet