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2017 Supreme(Mad) 3883

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
T. RAJA, J.
G. Muthulakshmi - Petitioner
Vs.
The State of Tamil Nadu, rep. by its Secretary Department of Higher Education & Ors. - Respondents
W.P.(MD) No. 8205 of 2016
Decided On : 08-11-2017

Advocates Appeared:
For the Petitioner: Mr. Isaac Mohanlal Senior Counsel for Mr. T. Cibi Chakraborthy.
For the Respondents: Mr. D. Muruganantham Additional Government Pleader, Mr. M. Mahaboob Athiff for M/s Ajmal Associates, Mr. T.S. Mohamed Mohideen, Mr. Veera Kathiravan Senior Counsel for Mr. D. Venkatesh.

Headnote:

Service Laws – Selection – Appointment – Writ petitioner has sought for issuance of a Writ of Declaration to declare the selection and appointment of the seventh respondent herein as Assistant Professor (Tamil) in the sixth respondent college, namely, Sri Parasakthi College for Women, Courtallam as illegal, null and void and for a further direction to the respondents 5 & 6, namely, Chairman, College Committee/Governing Board, Sri Parasakthi College for Women and Secretary of the same college to re-do the selection for the said post, pursuant to the notification given in Tamil daily "Daily Thanthi" and pass such further or other suitable orders. – Held, local holiday declared to Tirunelveli, Thoothukudi and Kanyakumari districts cannot be the basis to assail the selection process, because, after the candidates were selected, the college committee, as usual, met at Chennai on 3.3.2016 at 10.30 A.M., and to avoid unwanted speculations, they have immediately informed the selected candidates and they joined the service on 4.3.2016. – Hence the said contention is devoid of any merit. – Moreover, when the selection committee has declared the results on the next date of the interview, which is a welcome step, this Court cannot discourage the same, for, there is no fault therein. – Writ Petition Dismissed

ORDER :

This writ petitioner has sought for issuance of a Writ of Declaration to declare the selection and appointment of the seventh respondent herein as Assistant Professor (Tamil) in the sixth respondent college, namely, Sri Parasakthi College for Women, Courtallam as illegal, null and void and for a further direction to the respondents 5 & 6, namely, Chairman, College Committee/Governing Board, Sri Parasakthi College for Women and Secretary of the same college to re-do the selection for the said post, pursuant to the notification given in Tamil daily "Daily Thanthi" dated 27.12.2015 and pass such further or other suitable orders.

2. Mr. Isaac Mohanlal, learned senior counsel for the petitioner submitted that the petitioner has acquired her Bachelor's Degree in Tamil, Post Graduate Degree in Tamil, M.Phil and Ph.D (Tamil) from Sri Parasakthi College for Women, Courtallam, the sixth respondent herein. After acquiring the aforesaid qualifications, she was appointed as Guest Lecturer in the Department of Tamil in the sixth respondent college with effect from 1.12.2011 and she worked there till 2.3.2016 with the utmost satisfaction of the college authorities without any break. Having put in 4 years and 3 months of experience as Assistant Professor (Tamil) in the sixth respondent college, which is affiliated to Manonmaniam Sundaranar University, the fourth respondent herein, on seeing the advertisement in the Tamil daily "Daily Thanthi" dated 27.11.2015 inviting applications for appointment to 25 posts of Assistant Professors and one post of Librarian, fixing the last date for submission of the applications on 11.12.2015, the petitioner, being an eligible candidate for the post of Assistant Professor (Tamil), submitted her application under the MBC category on 4.12.2015 enclosing all her educational qualifications and other details including the experience certificate issued by Sri Parasakthi College for Women, Courtallam. Subsequently, the college also invited the petitioner for interview through a call letter bearing Ka.No.A3/380/2015-16 dated 12.2.2016 informing the time and venue for interview at 10.00 A.M., on 1.3.2016 in the college premises of the sixth respondent. Mr. Isaac Mohanlal further submitted that as per the information, 165 applications were received for the post of Assistant Professor in Tamil and in addition, the employment exchange also sponsored a list of 28 eligible candidates, of which around 84 participated in the interview and for all the posts, interview were held for three days from 29.2.2016 to 2.3.2016. Since the petitioner applied to the post of Assistant Professor (Tamil) in the Department of Tamil, interview took place for two days on 29.2.2016 and 1.3.2016 and the petitioner also appeared for the interview on 1.3.2016 at 10.00 A.M. During the interview, she was also asked to produce all the original educational certificates, which she accordingly produced, whereas the interview was conducted for less than five minutes. However, the petitioner fared well in the interview and answered all the questions rightly to the full satisfaction of the selection committee and on completion of the interview, she was informed that the results would be intimated soon. However, to her shock and surprise, on the very following day viz., on 3.3.2016, the appointment orders were issued for 23 posts and all the selected candidates also joined duty on 4.3.2016 and for want of eligible members, three posts are yet to be filled up. Since the seventh respondent Mrs. Thangaduraichi was selected and appointed to the post of Assistant Professor (Tamil) under the MBC category, the petitioner approached the sixth respondent college to provide the details of the selection process and the marks awarded to each candidate. But the college refused to provide the same. Hence, an application was made to the Principal of the colleg











































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