K AGNIPUTHRAN Vs. JOINT DIRECTOR OF COLLEGIATE EDUCATION AND SECRETARY

JUDGEMENT

(1.) In the present writ petitions, two of which (W.P. Nos. 9220 and 11184 of 2010) have been filed by the Head of the Department (in short HOD) of Tamil, Arulmigu Palaniandavar College of Arts and Culture, Palani, Dindigul District (hereinafter referred to as 'the College') questioning the proceedings of the Secretary of the College in issuing the charge Memo, dated 03.07.2010, and the subsequent proceedings, dated 06.08.2010, relieving the petitioner from the post of the HOD; the other two petitions (W.P. Nos. 5524 and 3731 of 2010) by the Associate Professors of the Zoology Department of the College, seeking to set aside the proceedings of the Secretary of the College as against them in issuing the charge memos, dated 06.01.2010; and another one (W.P. No. 9208 of 2010) has been filed by the Library Assistant, challenging the impugned proceedings, dated 03.07.2010, of the same authority in issuing the charge memo dated 03.07.2010; a common ground is raised stating that it is illegal on the part of the respondent-College, which is governed by the provisions under the Tamil Nadu Private Colleges (Regulation) Act (henceforth referred to as 'the Private Colleges Act') to extraneously invoke and adopt the provisions exclusively applicable to the Government Servants viz., Rule-17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules (in short 'the TNCS Rules'), as against the petitioners/delinquent employees of the respondent-private college for whom such provisions are totally inapplicable; thereby, the impugned proceedings are rendered invalid and non-est in the eye of law.

(2.) Since in all the writ petitions, challenge is made to the charge memos except in the case of Mr. Agniputhran (petitioner in W.P. No. 11184 of 2010), who in addition to the proceedings pertaining to the charge memo also challenges the subsequent proceedings of the college committee in relieving him from the post of the HOD on the charge of sexual harassment against female students, and the issue involved being identical, they are disposed of by this Common Order.

(3.) In an endeavor to assail the impugned proceedings by which memos were issued to the respective petitioners invoking Rule-17(b) of the TNCS Rules on the allegation of insubordination, attendance irregularities, tampering with official records, etc. and in the case of petitioner-Agniputhran, one of the charges being sexual harassment against female students of the college, learned Counsels appearing for the respective petitioners made three-fold submissions, viz.,