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2012 Supreme(Mad) 2341

N.PAUL VASANTHAKUMAR
S. Sukumaran – Appellant
Versus
State Of Tamilnadu rep. by its Secretary Higher Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:N. Rajan, Advocate.
For the Respondents: V. Subbiah, Spl. G.P.

Judgment :-

1. The prayer in the writ petition is to issue a Writ of Mandamus directing the second respondent to approve the petitioner's appointment as Lecturer in Botany in the fourth respondent-college with effect from 16.06.2008 with all monetary benefits, in the light of the order made in W.P.No.23539 of 2009, dated 18.01.2010.

2. The case of the petitioner is that he was appointed as Lecturer in the department of Botany in the fourth respondent aided minority college. The petitioner passed M.Sc., and M.Phil degrees with First Class. The petitioner also passed Doctor of Philosophy from Manonmaniam Sundaranar University in March, 2004. He was initially appointed as Lecturer in the Department of Botany (Self Finance course) in the fourth respondent-college on 13.9.2006. Thereafter, aided vacancy arose in the fourth respondent-college due to retirement of one D. Christian Babu and in the said aided vacancy, the petitioner was appointed by the fourth respondent-college, which is a sanctioned post. The number of sanctioned posts available in the Department of Botany is six. The said fact is established by the second respondent, by order dated 18.5.2000 and thereafter, there was no










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