Updated on: Friday, February 25, 2011
The Madras High Court bench here refused to quash the Government Order directing aided colleges to appoint the senior most person in the respective departments as Head of the Department.
Justice N Paul Vasanthakumar and Justice R Subbhiah, dismissing the appeal filed by the Secretary of the St.Joseph's College, Tiruchi, said the purport of the impugned order was to designate the senior most lecturer/Selection Grade Lecturer/Reader as HOD and no selection or appointment was involved in the issue.
Thus the right of the Management of the Minority College to administer the college without interference, which was guaranteed in the constitution, was not affected, they ruled.
"It is only a regulatory measure taken by the government to give weight age to the seniority at least at the HOD level", the court ruled.
The judges said the order was also issued to prevent misadministration and was intended to promote excellence of education of the minority college itself. It recognised the right of the staff serving in the same minority college to enjoy certain status without any minority benefit, they said.
Defending the G O, the counsels for the senior lecturers submitted that the senior most lecturers had also been selected by the minority management and since they had been continuously employed in the college without any blemish, the institution could not argue against their elevation to the post of HOD.