TN govt cannot regulate appointments in aided colleges: Madras HC

CHENNAI: State cannot regulate appointments in government-aided colleges by way of administrative orders, which run contrary to the rules, the Madras High Court held and directed the Tamil Nadu government to comply with the single judge order directed to grant approval to the appointment of a sanitary worker made by St Christopher's College of Education, Vepery, an aided college.

A division bench of Justices R Subramanian and G Arul Murugan held that the appeal moved by the Higher Education department and Directorate of Collegiate Education challenging the single judge order is 'unnecessary' and directed to approve the sanitary worker’s appointment within four weeks.

"No doubt, the State holds the power to regulate appointments in government-aided colleges, but that should not go contrary to the existing rules," the bench held, while dismissing the appeal preferred by the State.

The St Christopher's College of Education made an appointment to the post of sanitary worker, which is sanctioned post under Group D as per Rule 11 (1) of the Tamil Nadu Private Colleges Regulation Rules, 1976.

According to the rules, the government should grant aid for appointments made by institutions. However, in this case, the State refused to grant its approval.

Aggrieved by the rejection order, the college moved the high court. In November 2023, the single judge cited a Supreme Court judgment which upheld the quashing of a government order of Tamil Nadu, directing college managements to employ Group D workers under contractual basis and quashed the order of rejection. Further, the single judge directed the State to grant approval for the appointment.

Assailing the order, the State moved an appeal to set aside the single judge order.