High Court · 2025

W.P.No.6306 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.02.2025CORAM:THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYANW.P.No.6306 of 2025Dharmapuram Adhinam Arts College, Rep.by its Secretary,Dr.R.Selvanayagam Dharmapuram Adhinam Arts College, Dharmapuram, Mayiladuthurai. ... Petitioner Vs1. The Government of Tamil Nadu Rep.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 Tanjavur Region, Tanjavur. .... RespondentsPrayer :- Writ petition filed under Article 226 of the Constitution of 1/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 2025India, praying to issue a writ of mandamus to direct the 2nd & 3rd respondents to permit the petitioner college to fill up the sanctioned posts of Group D non-teaching staffs viz., Sweeper – 1, Scavenger – 1 and Gardener – 1 in the sanctioned vacancies in the light of the order of this 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 by the Hon'ble Apex Court in SLP.NO.323 of 2019 dated 18.01.2019 and to approve the said appointments.For Petitioner: Mr.E.Martin Jayakumar For Respondents : Mr.C.Jaya Prakash Government Advocate O R D E RThis writ petition has been filed for issuance of a writ of mandamus to direct the 2nd & 3rd respondents to permit the petitioner college to fill up the sanctioned posts of Group D non-teaching staffs viz., Sweeper – 1, Scavenger – 1 and Gardener – 1 in the sanctioned vacancies in the light of the order of this 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 by the Hon'ble Apex Court in SLP.NO.323 of 2019 dated 2/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 202518.01.2019 and to approve the said appointments.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 Single Judge of this Court. Even in those writ appeals the issue was whether the Educational Institution could fill up Group-D Non Teaching Staffs through their 3/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 2025recruitment process and whether the Government have to impose a condition to fill them up only through outsourcing. The Division Bench categorically held that such sanctioned post could be filled up by the Management and that the Government cannot direct that such post should be filled up only through outsourcing. Relevant paragraphs of the judgment is extracted as below:-7. There is no dispute that the Management was entitled to make appointments taking into account four vacancies in the post of Non-teaching staff. The denial of approval was only on account of the order in G.O.Ms.No.219 dated 24.10.2013. There is no question of issuing a Government Order for outsourcing, even in respect of the sanctioned post. When it is made out that the post is sanctioned, the Management is having every right to fill up the post. The Government has no right to say that the post should be filled up only by outsourcing. 8. The posts were sanctioned only in accordance with the Tamil Nadu Private Schools Regulation Act, 1976 and the Rules made thereunder. The staff strength fixed as per the Rules cannot be taken away by issuing a Government Order directing or permitting outsourcing. We are therefore of the view that the learned Single Judge was justified in allowing the writ petition. 4. It is also further contended that the respondents have taken up 4/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 2025filling up of such posts through outsourcing and had issued instructions in this regard by letter communication dated 05.06.2023. That particular communication was put to test in W.P.No.29647 of 2023 in the case of Ramasamy Tamil College, Karaikudi Vs The Government of Tamil Nadu, rep. By its Secretary, Higher Education Department, Fort St.George, Chennai and others. A learned single Judge of this Court by order dated 21.12.2023 had quashed the said letter. In this connection, the relevant portion of the order of the learned Single Judge is extracted as below:-“8. In this background, the reason assigned in the impugned order, as well as the submission made by the learned Additional Government Pleader justifying their action on the basis of G.O.Ms.No.49, as well as the clarification given by the Principal Secretary, Higher Education Department dated 08.09.2022 cannot be legally sustainable. Consequently, the action of the respondents in rejecting the petitioner's claim seeking for approval of the appointments of the four sanctioned posts cannot be sustained”. It is contended that a Writ Appeal filed by the Government had also been dismissed. 5/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 20255. In view of the categorical pronouncements and the dictum laid, the writ petition is allowed and it is held that the petitioner has every right to fill up the said three posts of Non Teaching Staff Group D namely one Sweeper, one Scavanger and one Gardener in accordance with procedure as followed by the petitioner's institution. It is to be noted that these are sanctioned posts. No costs. 24.02.2025dpqIndex: Yes/NoSpeaking order / Non speaking orderTo1. The Government of Tamil Nadu Rep.by the Principal Secretary 6/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 2025 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 Tanjavur Region, Tanjavur. C.V.KARTHIKEYAN, J.dpq7/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 2025W.P.No.6306 of 202524.02.20258/8

W.P.No.6306 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.02.2025CORAM:THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYANW.P.No.6306 of 2025Dharmapuram Adhinam Arts College, Rep.by its Secretary,Dr.R.Selvanayagam Dharmapuram Adhinam Arts College, Dharmapuram, Mayiladuthurai. ... Petitioner Vs1. The Government of Tamil Nadu Rep.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 Tanjavur Region, Tanjavur. .... RespondentsPrayer :- Writ petition filed under Article 226 of the Constitution of 1/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 2025India, praying to issue a writ of mandamus to direct the 2nd & 3rd respondents to permit the petitioner college to fill up the sanctioned posts of Group D non-teaching staffs viz., Sweeper – 1, Scavenger – 1 and Gardener – 1 in the sanctioned vacancies in the light of the order of this 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 by the Hon'ble Apex Court in SLP.NO.323 of 2019 dated 18.01.2019 and to approve the said appointments.For Petitioner: Mr.E.Martin Jayakumar For Respondents : Mr.C.Jaya Prakash Government Advocate O R D E RThis writ petition has been filed for issuance of a writ of mandamus to direct the 2nd & 3rd respondents to permit the petitioner college to fill up the sanctioned posts of Group D non-teaching staffs viz., Sweeper – 1, Scavenger – 1 and Gardener – 1 in the sanctioned vacancies in the light of the order of this 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 by the Hon'ble Apex Court in SLP.NO.323 of 2019 dated 2/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 202518.01.2019 and to approve the said appointments.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 Single Judge of this Court. Even in those writ appeals the issue was whether the Educational Institution could fill up Group-D Non Teaching Staffs through their 3/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 2025recruitment process and whether the Government have to impose a condition to fill them up only through outsourcing. The Division Bench categorically held that such sanctioned post could be filled up by the Management and that the Government cannot direct that such post should be filled up only through outsourcing. Relevant paragraphs of the judgment is extracted as below:-7. There is no dispute that the Management was entitled to make appointments taking into account four vacancies in the post of Non-teaching staff. The denial of approval was only on account of the order in G.O.Ms.No.219 dated 24.10.2013. There is no question of issuing a Government Order for outsourcing, even in respect of the sanctioned post. When it is made out that the post is sanctioned, the Management is having every right to fill up the post. The Government has no right to say that the post should be filled up only by outsourcing. 8. The posts were sanctioned only in accordance with the Tamil Nadu Private Schools Regulation Act, 1976 and the Rules made thereunder. The staff strength fixed as per the Rules cannot be taken away by issuing a Government Order directing or permitting outsourcing. We are therefore of the view that the learned Single Judge was justified in allowing the writ petition. 4. It is also further contended that the respondents have taken up 4/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 2025filling up of such posts through outsourcing and had issued instructions in this regard by letter communication dated 05.06.2023. That particular communication was put to test in W.P.No.29647 of 2023 in the case of Ramasamy Tamil College, Karaikudi Vs The Government of Tamil Nadu, rep. By its Secretary, Higher Education Department, Fort St.George, Chennai and others. A learned single Judge of this Court by order dated 21.12.2023 had quashed the said letter. In this connection, the relevant portion of the order of the learned Single Judge is extracted as below:-“8. In this background, the reason assigned in the impugned order, as well as the submission made by the learned Additional Government Pleader justifying their action on the basis of G.O.Ms.No.49, as well as the clarification given by the Principal Secretary, Higher Education Department dated 08.09.2022 cannot be legally sustainable. Consequently, the action of the respondents in rejecting the petitioner's claim seeking for approval of the appointments of the four sanctioned posts cannot be sustained”. It is contended that a Writ Appeal filed by the Government had also been dismissed. 5/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 20255. In view of the categorical pronouncements and the dictum laid, the writ petition is allowed and it is held that the petitioner has every right to fill up the said three posts of Non Teaching Staff Group D namely one Sweeper, one Scavanger and one Gardener in accordance with procedure as followed by the petitioner's institution. It is to be noted that these are sanctioned posts. No costs. 24.02.2025dpqIndex: Yes/NoSpeaking order / Non speaking orderTo1. The Government of Tamil Nadu Rep.by the Principal Secretary 6/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 2025 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 Tanjavur Region, Tanjavur. C.V.KARTHIKEYAN, J.dpq7/8 https://www.mhc.tn.gov.in/judis W.P.No.6306 of 2025W.P.No.6306 of 202524.02.20258/8