Madras High Court has held that no prior permission was required from the government for filling up sanctioned posts in an aided private colleage.
A Division Bench Comprising Justice N.Paul Vasanthakumar and Justice M.M. Sunderesh gave the ruling on an appeal by one P.Ravichandran representing Nehru Memorial College, Puthanampatti in Tiruchirappalli.
The appeal was filed as a Single Judge, who dealt with a petition challenging a directive by the Director of Collegiate Education in December, 1999 asking the college not to fill 13 vacancies, did not go into the question of the power of the department to insist on prior permission to fill vacancies of sanctioned strength.
Passing orders on the appeal, the bench said: “There is no requirement under Tamil Nadu Private Colleges (Regulations) Act, 1976 and Tamil Nadu Private College (Regulations) Rules, 1976, to seek Prior permission to fill up any vacant Post in an aided college, which has already been sanctioned for the academic year by the Director of Collegiate Education under Rule 11(1).”