Case Note & Summary
The petitioner, Jose E Subin, was appointed as Assistant Professor of Tamil in the Department of Tamil, St. Jude's College, Thoothur, a minority private college affiliated to the Manonmaniam Sundaranar University, on 24.01.2012. He had been discharging his duties for over 13 years. The third respondent, Regional Joint Director of Collegiate Education, had granted approval for the petitioner's appointment vide proceedings dated 21.08.2018. However, the first respondent University granted qualification approval vide proceedings dated 03.08.2018 only with effect from 18.06.2018, without any justification. Aggrieved by the failure to grant qualification approval from the date of initial appointment, the petitioner made representations to the college administration, which forwarded proposals to the third respondent. As there was no response, the petitioner filed W.P.(MD)No.16487 of 2022 seeking a direction to the Joint Director to grant appointment approval from the date of initial appointment. Subsequently, the Director of Collegiate Education vide proceedings dated 25.08.2022 granted approval of the petitioner's appointment with effect from 24.01.2012, and the earlier writ petition was dismissed as infructuous on 12.09.2022. Thereafter, the petitioner made a representation to the second respondent, the Administrator of the college, to forward a proposal to the first respondent University for qualification approval from 24.01.2012. The second respondent sent the proposal in SJC/2811/A.O/2024 dated 16.07.2024 to the first respondent. However, the first respondent did not pass any orders on the proposal. Hence, the petitioner filed the present writ petition under Article 226 of the Constitution of India seeking a mandamus directing the first respondent to grant qualification approval with effect from 24.01.2012. Upon hearing the learned counsel for the petitioner, the standing counsel for the first respondent, and the government advocate for the second respondent, the Court, without going into the merits of the case, found it appropriate to dispose of the writ petition with a direction. The Court directed the first respondent University to consider the proposal of the second respondent dated 16.07.2024 and to pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of the order. The writ petition was accordingly disposed of with the said direction, and no costs were awarded. The Court did not express any opinion on the merits of the claim for retrospective qualification approval.
Headnote
A) Service Law – Qualification Approval – Direction to Consider Proposal – Constitution of India, 1950, Article 226 – The petitioner, appointed as Assistant Professor in a minority college affiliated to respondent University, sought qualification approval with retrospective effect from the date of appointment; the University had granted approval only from a later date – In the writ petition, the Court without going into merits directed the first respondent to consider the proposal dated 16.07.2024 and pass appropriate orders in accordance with law within eight weeks – Held, the Court did not adjudicate the merits but provided a direction to ensure timely disposal of the pending proposal (Paras 1-6).
Issue of Consideration
Whether a writ of mandamus should be issued directing the Manonmaniam Sundaranar University to grant qualification approval to the petitioner with effect from 24.01.2012, based on the proposal dated 16.07.2024.
Final Decision
The writ petition is disposed of with a direction to the first respondent to consider the second respondent's proposal dated 16.07.2024 and pass appropriate orders in accordance with law within eight weeks from the date of receipt of a copy of this order. No costs.
Law Points
- Writ of mandamus
- direction to consider representation
- Article 226
- University to consider proposal for qualification approval
