SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Mad) 3083

R.MAHADEVAN
R. Ramesh – Appellant
Versus
Registrar, Bharathiar University – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s N.Kavitha Rameshwar
For the Respondent: Mr.Mukund, Mr.P.Saravanan

ORDER :

1. Every significant case has an unwritten legend and indelible lesson. The instant writ petition is no exception, whatever its result. The message that will be given by this Court at the end of this decision is that “appointment has to be made strictly as per statutory rules; and a person not possessing requisite qualification and appointment made dehors of the rules without following procedure, such appointment is illegal since inception, non est, nullity and no legal right to continue or right over the post and the length of continuous service of such illegal appointment will not help him in any manner [Refer: Yogesh Kumar v Government of NCT Delhi and others (2003) 3 SCC 548]”.

2. Calling in question the appointment given to the second respondent as Assistant Technical Officer (Library) and his consequential promotion to the post of Technical Officer, the petitioners have come up with this writ petition. A mandamus has also been sought to the first respondent to consider the enquiry report dated 13.04.2017 and remove the second respondent from the post of Assistant Technical Officer (Library).

3. The succinctly stated facts are as under:

3.1 Initially, the second petitioner

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top