IMPORTANT POINTS
A candidate having participated in the selection process without demur cannot turn back and challenge the same on becoming unsuccessful.
The question whether the MIDS is a State within the meaning of Article 12 left open.

Judgment

M.Y. Eqbal, J.

Leave granted.

2. These appeals by special leave are directed against the Judgment and order dated 09.01.2012 passed by the High Court of Judicature at Madras in W.A. No. 167 of 2008, whereby the order passed by the learned Single Judge dismissing the writ petition filed by respondent No.1 herein has been reversed and the order dated 14.8.2006 of the Appellant No.-Institute approving appointment of Respondent Nos. 2 to 6 (namely Dr. S. Anandhi, Dr. Brinda Viswanathan, Dr. L. Venkatachalam, Dr. Ajit Menon and Dr. Kripa Ananthpur) to the post of Associate Professor has been quashed.

3. The facts of the case lie in a narrow compass.

4. The appellant Institute issued an advertisement calling for applications for the positions of Professor, Associate Professor and Assistant Professor. The said advertisement contained a description of the three qualifications required to be possessed by the candidate. Several persons including respondent No.1-writ petitioner submitted application for appointment to the post of Associate Professor. The short-listing of the candidates was done by the Director of the Institute in consultation with the Chairman after informal consultation with senior Professors for evolving the criteria for short-listing of the candidates. The Selection Committee consisting of three noted Social Scientists as contemplated under the Rules conducted interviews and recommended a panel of five names. Thereafter, the Executive Council by Order dated 14.8.2006 approved the appointment of various persons to the posts of Professor, Associate Professor and Assistant Professor. Since the Institute had advertised for three posts, the first three i.e. respondent nos. 2, 3 and 4 were initially approached for the post of Associate Professor.

5. The respondent No.1-writ petitioner challenged the aforesaid decision dated 14.8.2006 on the ground inter alia that the selection was not done strictly as per the qualifications mentioned in the advertisement and that the respondent No.1-writ petitioner having fulfilled all the requirements ought to have been selected to one of the three vacancies of Associate Professor. It was also alleged by the respondent No.1-writ petitioner that there has been infraction of the recruitment rules.

6. The appellant institute denied and disputed the allegation regarding the infraction of the recruitment rules and further denied and disputed the allegations of irregularities in the selection process.

7. The learned Single Judge of the Madras High Court dismissed the writ petition by a reasoned judgment on two grounds. Firstly, it was held that the writ petition was not maintainable inasmuch as the Institute is not a “State” within the meaning of Article 12 of the Constitution of India. The learned Single Judge secondly held that there is no discrepancy with regard to the qualification mentioned in the advertisement and the service rules. Finally, learned Single Judge held that respondent No.1-writ petitioner having taken part in the selection process without raising any objection cannot challenge the selection process after being declared unsuccessful by not including his name in the Selection List.

8. Aggrieved by the said judgment, the respondent preferred the writ appeal before the Division Bench of the Madras High Court. The Division Bench allowed the appeal and reversed the order passed by the learned Single Judge. On the issue of maintainability of writ petition, the Division Bench in the impugned order held that the duties being performed by the appellant-Institute are in the nature of public function and, therefore, it would come within the ambit of ‘State’ under Article 12 of the Constitution of India. The Division Bench on the merit of the case came to the conclusion that there is a variation in the advertisement from the prescribed rules and as such the entire selection process is vitiated in law. According to the Division Bench, the advertisement issued by the Institute and the cons