KASI MUTT EDUCATIONAL AGENCY OF SRI KUMARAGURUBARA SWAMIGAL ARTS COLLEGE SRIVAIKUNTAM AND SRI KASIVASI SWAMINATHA SWAMIGAL ARTS COLLEGE TIRUPANANDAL Vs. COMMISSIONER OF COLLEGIATE EDUCATION CHENNAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment rendered in W.P. No.15624 of 1995 dated 14.11.1996. The writ petitioner who was unsuccessful in the writ petition is the appellant herein and the parties are hereinafter referred to as arrayed in the writ petition.

(2.) THE writ petition was filed for the issue of a writ of certiorarified mandamus to quash the order of the first respondent dated 26.10.1996 passed in proceedings Na.Ka.No. 39361/GII/95 and to direct the first respondent to approve the resolution of the management dated 11.7.1995 with effect from 15.7.1995.

(3.) LEARNED Special Government Pleader (Education), on the other hand, submitted that the order passed by the first respondent is justified and according to him, though there are no provisions of the Act requiring the management to obtain the approval that the institutions are run by the same management, and while according approval for the transfer of teaching staff from one college to another college, the educational authorities have to exercise the powers under the Act to find out whether the provisions of the Act are complied with. LEARNED counsel also submitted that though there are no Rules or Guidelines, the approval is needed as the Government has to sanction grants to the teaching staff and unless it is established before the educational authorities that the two colleges come under the same management, it is not open to the management to transfer a teaching staff from one institution to another even if it is a minority institution. LEARNED counsel also submitted that since the Act or the Rules framed thereunder or the agreement do not provide for the transfer of teaching staff, it is not open to the appellant to transfer the teaching staff from one college to another college. LEARNED counsel submitted that since the transfer has been made without approval, the transfer is not valid in the eye of law.