The TN Private Colleges (Regulation) Act does not contemplate prior permission from the government for filling up faculty vacancies, so aided colleges need not obtain them, the Madras High Court has ruled.
A division bench comprising justices N Paul Vasanthakumar and M M Sundresh made the observation while allowing a writ appeal from Nehru Memorial College in Trichy district. The college had been directed by the Directorate of Collegiate Education (DCE) not to fill up certain teaching vacancies, in November 1999. The college preferred a writ petition and a single judge, while permitting it to approach the authorities to get 13 appointments approved, left untouched the question of prior approval from the government for filling teaching and non-teaching vacancies in aided institutions.
Aided colleges in Tamil Nadu need not obtain prior permission from the government to fill vacant teaching/non-teaching posts that have already been sanctioned for an academic year, the court ruled. The bench pointed out that such a requirement had not been inserted either in the Tamil Nadu Private Colleges (Regulation) Act, 1976 or its Rules.
“By way of an executive order, the government cannot override any statutory provision. Without any statutory provision under the Act or Rules, the director of collegiate education is not empowered to insist on prior permission to fill vacant posts within an academic year,” they said.
Senior counsel for the college G Masilamani submitted that delay in granting approval for appointments was adversely affected students. As long as the post was sanctioned and staff strength was defined for the academic year, the management was entitled to fill vacant posts, he said.
Advocate-General A L Somayaji contended that colleges receiving aid from the government were bound to follow circulars and instructions issued by the department from time to time.
“The Act and Rules are complete code insofar as establishment, administration, sanction of post, appointment of staff, grant-in-aid, withholding of aide, code conduct for staff and closure of the course or college. The DCE could not insist on the college managements to get prior permission to fill vacant posts by issuing circulars and administrative instructions,” the bench said.
However, appointments should be strictly in accordance with rules and only fully qualified candidates should be considered for appointments, the bench said.