Madras HC cancels order extending PSG principal’s tenure, says law blindly followed
The college management should not take advantage of the State's stand that the service of the principal in an aided college can be extended even if he/she attained superannuation in the middle of the academic year
Madras High Court
CHENNAI: The Madras High Court quashed the decision of the Director of Collegiate Education re-appointing a superannuated academician as principal of Coimbatore PSG College of Arts and Science and directed the college management to appoint an eligible person for the post expeditiously.
The college management should not take advantage of the State's stand that the service of the principal in an aided college can be extended even if he/she attained superannuation in the middle of the academic year, held Justice N Anand Venkatesh.
In this particular case the principal of the college D Brintha (60) attained superannuation at the beginning of the academic year on June 5, only 5 days after the academic year commenced, the judge observed. Citing that this cannot be considered superannuation in the middle of the academic year, as claimed by the college management, the HC cancelled the order issued for the continuation of the principal.
The court observed that the State government’s rule on superannuation has been followed without application of mind. Further, the judge directed the college to call for the applications to the post and directed it to complete the process within eight weeks.
A writ petition was filed by C Balakrishnamurthy, an associate professor at PSG College, seeking to quash the order to extend the tenure of the principal. He claimed that the college management didn't take any steps to find an eligible person for the principal post.
Countering the submission, the college management submitted that the petitioner didn't have any locus standi to file the case. However, the court refused the contention of the college management since the impugned post is a public office and anyone can question the re-appointment.
The college also submitted that since the principal superannuated in the middle of the academic year, her tenure was extended. However, the court refused to accept the contention and directed to appointment of an eligible principal to the college.