Madras HC: Minority institutions can directly recruit non-teaching staff
TIMES NEWS NETWORK
Chennai:9.9.2019
The Madras high court on Monday made it clear that minority educational institutions need not follow general procedures like obtaining prior approval of the college committee or advertising notification for recruitment of non-teaching staff as they can directly fill the posts.
Justice V Parthiban passed the order while allowing the plea moved by Coimbatore-based Nirmala College for Women challenging the order of the joint director of collegiate education, Coimbatore region, on August 20, 2018, rejecting approval for appointment of seven non-teaching staff. “As far as the minority institutions are concerned, the college committee is not required to be constituted under Section 11 of the Minority Institutions Act unlike nonminority institutions. In the absence of such regulation, this court is unable to countenance the action of the authorities in refusing to approve appointments of the seven staff in the petitioner institution,” the court said.
The refusal to grant approval cannot stand the test of judicial scrutiny and the same is liable to be interfered with. The insistence on requirement of advertisement for appointment of non-teaching staff in the minority institution is without the authority of law, the judge said.
The petitioner institution comes under the protective cover, being a minority institution, under Article 30 of the Constitution, such protective cover cannot be sought to be uncovered by the insistence on a statutory requirement, which first of all cannot be made applicable for the nonteaching staff and secondly such requirement cannot be enforced in the teeth of the Constitutional protection guaranteed to the minority institutions, the court asserted.
TIMES NEWS NETWORK
Chennai:9.9.2019
The Madras high court on Monday made it clear that minority educational institutions need not follow general procedures like obtaining prior approval of the college committee or advertising notification for recruitment of non-teaching staff as they can directly fill the posts.
Justice V Parthiban passed the order while allowing the plea moved by Coimbatore-based Nirmala College for Women challenging the order of the joint director of collegiate education, Coimbatore region, on August 20, 2018, rejecting approval for appointment of seven non-teaching staff. “As far as the minority institutions are concerned, the college committee is not required to be constituted under Section 11 of the Minority Institutions Act unlike nonminority institutions. In the absence of such regulation, this court is unable to countenance the action of the authorities in refusing to approve appointments of the seven staff in the petitioner institution,” the court said.
The refusal to grant approval cannot stand the test of judicial scrutiny and the same is liable to be interfered with. The insistence on requirement of advertisement for appointment of non-teaching staff in the minority institution is without the authority of law, the judge said.
The petitioner institution comes under the protective cover, being a minority institution, under Article 30 of the Constitution, such protective cover cannot be sought to be uncovered by the insistence on a statutory requirement, which first of all cannot be made applicable for the nonteaching staff and secondly such requirement cannot be enforced in the teeth of the Constitutional protection guaranteed to the minority institutions, the court asserted.
No comments:
Post a Comment