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1997 Supreme(Mad) 1480

R.JAYASIMHA BABU
Dr. Mrs. Shams – Appellant
Versus
The Commissioner of Collegiate Education College Road, Madras and others. – Respondent


Advocates:
Mr.K. Chandru, Senior Advocate for Petitioner. Mr.S.Rajendran, Government Advocate (E) for Respondent No.1 Mr. T.L. Rammohan, Senior Advocate for Ms. N.Tharakeswari for Respondent No.2.

Judgment :

1. Placing reliance upon an order issued by the State Government, Order No.1785, Education (II-3) Department, dated 5th December, 1988, the petitioner who is a lecturer in Philosophy in Madras Christian College claims a right to be appointed as the Head of the Department of Philosophy on the ground that she is the senior lecturer, having entered service as Lecturer in January, 1979 after she had acquired a Doctor of Philosophy degree in July, 1978. She had been designated as senior lecturer from 1. 1986. She is admittedly senior to Mr.M.Gabriel who has been appointed as the Head of the Department of Philosophy. He had entered service as lecturer on 10. 1979, 2 1?2 months after petitioner had entered service. He was designated as senior lecturer on 10. 1986, 9 months after petitioner had been so designated. He acquired Ph.D. Degree in the year 1992, 14 years after the petitioner had acquired that qualification.

2. The Government Order relied upon by the petitioner was issued pursuant to the recommendations made to the Government of India by a Committee known as Mehrotra Committee for reviewing the status of higher education in the country. The Government of India having d


























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