15. If an approval is not obtained, the relationship between the teacher and the school management does not come to an end and the order of termination will not take effect unless approved by the authority. Section 19 of the Tamil Nadu Private Colleges (Regulation) Act is pari materia with Section 22 of the Tamil Nadu Private Schools Act. A question which arose under Section 19 of the Tamil Nadu Private Colleges Act came to be considered by this court vide judgment in The Ayya Nadar Janaki Ammal College, Sivakasi Vs. A.Pandian and others reported in 1996 Writ L.R. 521. The learned judge of this court in paragraph 24 had observed as follows :-
10. It must be noted so long as the approval is not obtained from the competent authority, no order can be final. If any order is passed imposing punishment of dismissal, such dismissal order without any approval will become void ab initio as held by this Court in THE AYYA NADAR JANAKI AMMAL COLLEGE V. A.PANDIAN & ORS reported in
1996 2 CTC 337 = 1996 WLR 252. Para 23 reads as follows:-
32. The decisions made in Ayyan Nadar Janaki Ammal College's case and R.V.Thevar Memorial Girls High School's case (cited supra) squarely apply to the facts of this case, in so far as the fact that the order of termination of the petitioner has been made without adhering to the mandatory requirements and no contra materials have been produced by the respondents 3 and 4.
15.If an approval is not obtained, the relationship between the teacher and the school management does not come to an end and the order of termination will not take effect unless approved by the authority. Section 19 of the Tamil Nadu Private Colleges (Regulation) Act is pari materia with Section 22 of the Tamil Nadu Private Schools Act. A question which arose under Section 19 of the Tamil Nadu Private Colleges Act came to be considered by this court vide judgment in The Ayya Nadar Janaki Ammal College, Sivakasi Vs. A.Pandian and others reported in 1996 Writ L.R. 521. The learned judge of this court in paragraph 24 had observed as follows :
20. So long as the approval is not obtained from the competent authority,
no order can be final. If any order is passed imposing punishment of dismissal,
such dismissal order without any approval will become void abintio as held by
this Court in THE AYYA NADAR JANAKI AMMAL COLLEGE V. A.PANDIAN & ORS reported in
1996 2 CTC 337 = 1996 WLR 252 in para 23 which is as follows:-
16. A Division Bench of this Court while considering a similar provision
under Section 19(1) of the Tamil Nadu Private Colleges (Regulation) Act, 1976
vide its judgment in THE AYYA NADAR JANAKI AMMAL COLLEGE V. A.PANDIAN & ORS
reported in 1996 2 CTC 337 = 1996 WLR 252 in paras 15 and 23 which is as
follows:-