Minority institutions need not advertise vacancies for non-teaching staff, rules Madras high court

Minority institutions need not advertise vacancies for non-teaching staff, rules Madras high court

CHENNAI,

Holding that minority educational institutions need not advertise vacancies for non-teaching staff and they can fill up the vacancies on their own, the Madras High Court has upheld the appointments made by one such institution in Coimbatore and directed the educational authorities to grant the approval and other requirements.

Accepting the arguements of the Nirmala College for Women, the court observed that Rule 11(4)(ii) the Tamil Nadu Private Colleges (Regulation) Act, 1976 and Rules, was in relation to the appointment of teaching staff by the college committee. But in case of non-teaching staff, the committee is not required to be constituted.

“In the absence of such regulation, this court is unable to countenance the action of the educational authorities concerned in refusing to grant approval of the appointments of the seven non-teaching staff and one lab assistant in the college. The refusal to grant approval for the subject appointments, would therefore, cannot stand the test of judicial scrutiny and the same is liable to be interfered with,” Justice V Parthiban ruled in his recent order.

The judge was allowing two writ petitions seeking to quash the orders of the Joint Director of education in Coimbatore dated August 20, 2018 refusing approval for seven non-teaching staff and one lab assistant and direct him to disburse the staff grant towards their salary and allowances with effect from the respective dates of their recruitment.

The judge added that he is unable to appreciate as to how despite the settled legal principle in respect of the minority institutions, the educational authorities can insist upon certain requirements as provided for in the 1976 Act and Rules. When the minority institution enjoys a complete protection under Article 30 of the Constitution, such protection cannot be trifled with by the educational authorities by insisting on application of certain requirements provided under the Act and Rules, which provisions cannot be applied to the minority institutions.

The order said that in respect of appointment of non-teaching staff, requirement of advertisement was not envisaged in the Rules and such requirement cannot be supplemented by any executive action of the authorities. Unless the Rules are supplanted providing for such requirement, the educational authorities cannot insist on the same, which is not found specifically in the Rules. Even otherwise, such requirement, even if introduced in the Rules, cannot be pressed into service in respect of minority institutions, the judge added.

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