Madras High Court: In a writ appeal filed under Clause 15 of the Letters Patent, against the order dated 20-11-2023, challenging the order of the single Judge, wherein it was directed approval of the appointment of a Sanitary worker in the St. Christopher’s College of Education (‘College’) which is a minority Institution, the division bench of R. Subramanian* and G. Arul Murugan, JJ. said that no doubt, the Government has the power to regulate appointments in Government aided Colleges but, that cannot be done by way of administrative orders which run contrary to the rules that are already in force.
Further, founding the appeal to be a re-agitation of a matter that had already been settled by a Division Bench of this Court and approved by the Supreme Court, the Court imposed a cost of Rs. 5,00,000/- on the Government.
The Court noted that the post of Sanitary workers, is a Group-D sanctioned post and in terms of Rule 11(1) of the Tamil Nadu Private Colleges Regulation Rules, 1976, there is a legislative mandate under the rules to the Government to grant aid for appointments made by the Institutions. To prevent private aided colleges from making regular appointments to Group-D posts, the Government issued an order on 24-10-2013 providing for filling up the Group-D posts in Government aided Arts and Science Colleges through contractual workers. The said Government order was challenged before this Court, wherein it was quashed, and later upheld by the division bench as well.
The Court further noted that a similar judgment of this Court dealing with the same Government Orde was subject matter of challenge before the Supreme Court, which was dismissed. Thus, the quashment of Government order by this Court has become final.
The Court further noted the decision of another single Judge of this Court wherein, the single Judge has upheld the right of the Government to pass a government order regulating appointments to the sanctioned posts in the Government aided colleges, and said that unable to sustain the view taken by the single Judge, as the same runs counter to the Division Bench judgment of this Court, which has been upheld by the Supreme Court.
The Court said that no doubt, the Government has got the power to regulate appointments in Government aided Colleges but, that cannot be done by way of administrative orders which run contrary to the rules that are already in force.
The Court found the appeal to be a re-agitation of a matter that had already been settled by a Division Bench of this Court and approved by the Supreme Court. As a result, the Court imposed a cost of Rs. 5,00,000/- on the Government. Of this, Rs. 2,50,000/- is to be paid through the College to the person appointed as a Sanitary Worker, while the remaining Rs. 2,50,000/- is to be paid to the Madras High Court Legal Services Authority. The Government has been granted a period of four weeks to comply with the order passed by the l single Judge.
The costs must be paid within 15 days from the date of the order. The matter is scheduled to be posted for reporting compliance regarding the payment of costs on 20-03-2025.
[State of Tamil Nadu v. Principal and Secretary, St.Christopher’s College of Education, W.A.No. 574 of 2025, decided by 03-03-2025]
*Judgment Authored by: Justice R. Subramanian
Advocates who appeared in this case :
For Appellants: Mr.D.Ravichander, Special Government Pleader
For Respondent: Mr.P.Godson Swaminathan for M/s.Isaac Chambers