Several court orders and an Act to protect private colleges notwithstanding, aided institutions in the State grapple with vacancies arising in the sanctioned teacher posts. The reason — college managements are required to submit details of workload to the Directorate of Collegiate Education for approval to fill the sanctioned posts.

Every year, the directorate deputes experts drawn from government colleges to private institutions to assess their faculty needs. Based on these reports, aided institutions are permitted to fill posts. After recruitment, the list of appointees is sent to the affiliating university for qualification approval. It is only after this approval does the Higher Education Department release funds for payment of salaries.

The entire process has been inordinately delayed of late, say teachers from aided institutions. The government had issued an order in 2011 to fill all sanctioned posts, but only 1,244 posts have been filled so far. The vacancies arising since 2011 have not even been factored in, say teachers.

In the last two years, at least three judgments in favour of minority and non-minority colleges have been given.

The Nehru Memorial College, Puthanampatti, affiliated to Bharathidasan University, sought legal relief to appoint teachers against vacancies in sanctioned posts. The college relied on Rule 11 (1) of the Tamil Nadu Private Colleges (Regulation) Act and Rules, 1976, to go ahead with filling vacancies under sanctioned posts. The case was settled in its favour.

In another case pertaining to St. Joseph’s College, Tiruchi, also affiliated to Bharathidasan University, the court ruled in favour of the minority institution, saying it was not required to obtain prior permission from the government for making appointments.

The court also chided the Higher Education Department and the DCE for preventing the college from appointing teachers.

When teachers of Scott Christian College at Nagercoil did not receive their salary as the affiliating Manonmaniam Sundaranar University delayed approval of their qualification, the court ruled that the university should not delay the process in the interest of the students.

Despite such rulings, the Collegiate Education Department issued a fresh G.O. on January 21, permitting aided colleges to fill 1,379 vacancies in aided institution.  “The G.O. is invalid considering that there is an Act to protect private colleges,” argues a senior professor in a city-based aided college. “All it requires is that the management take the legal route instead of waiting for the DCE’s permission,” he adds. The delay in appointments has given rise to speculation that money is exchanged to fill posts, he points out. 

But the principal of another city-based aided institution maintains: “Managements are not interested in going to the court. Instead, they would rather wait for the approval of the Higher Education Minister as it is easier.”

http://www.thehindu.com/news/national/tamil-nadu/teacher-posts-lying-vacant-in-aided-institutions-in-state/article7548465.ece