Executive appointments are valid in the absence of formal recruitment rules if conducted fairly and transparently, and only an aggrieved non-applicant can challenge such appointments.

JUDGMENT :

Heard both sides.

2. This writ appeal is directed against the order dated 27.06.2023 made in W.P.(MD)No.4656 of 2023 filed by the fourth respondent herein (Dr.C.Roshy Joseph).

3. Dr.Roshy Joseph filed the said writ petition challenging the appointment of the appellant herein(Dr.Jayakrishnan) as Reader in the Government Ayurveda Medical College, Kottar, Kanyakumari District vide G.O.(D)No.303 Health and Family Welfare (IM-1(1) Department dated 19.02.2016 as well as the consequential posting order dated 25.02.2016. The learned single Judge after hearing both sides allowed the writ petition in the following terms:-

“ 10. ...

a.The impugned order, dated 19.02.2016 and the consequential appointment, dated 25.02.2016 are hereby quashed.

b.Either the Government may consider to regularize all the exiting 10(a)(i) appointees by conducting special tests so that all the eligible candidates’ rights are protected. For the remaining available vacancies separate notification may be issued under the Adhoc Rules to fill up the posts.

c.Alternatively, the government shall conduct fresh recruitment based on Adhoc Rules to fill up all the posts including the posts occupying by the 10((a)(i) employees.

d.The respondents shall carry out the above directions, within a period of 12 weeks from the date of receipt of a copy of the order.

e.Till such time, all the employees shall continue in their same post as 10(a)(i) employees including the 4th respondent.

11. With the above terms, this Writ Petition is allowed. No Costs.”

Aggrieved by the same, the appellant whose appointment as Reader was set aside, has filed this writ appeal.

4. The basic facts are not in dispute. The Government Ayurveda Medical College, Kottar was established in the year 2006 vide G.O.Ms.No.10 Health and Family Welfare Department dated 23.01.2006. It can be seen therefrom that the Government envisaged creation of as many as 16 posts of Reader in various departments. In the case on hand, we are concerned only with the post of Reader in the Department of Rasa Shastra and Bhaishajya Kalpana. The Government issued notification dated 26.09.2010 calling for applications for the post of Professors and Readers. The notification stipulated that the applicants for the post of Reader must have teaching experience of five years in the concerned subject. The upper age limit was 35 years.

5. Since all the candidates were agewise ineligible, the Government relaxed the age limit and 45 years was made the upper age limit. A fresh notification was issued on 14.08.2011. Once again, the appellant applied for the post of Reader in the subject of Rasa Shastra and by Bhaisajya Kalpana. Interview was held on 12.10.2011. Even though the appellant fulfilled all the requirements, he was not selected. The appellant would allege that his selection was put on hold so that one Dr.Clarence Davy could be accomodated in the post of Reader.

6. Aggrieved by his non-selection, the appellant filed W.P. (MD)No.181 of 2012. The said writ petition was taken up along with W.P.(MD)No.12039 of 2011 filed by Dr.Clarence Davy and W.P. (MD)No.12040 of 2011 filed by Dr.Nandhinee Vijay. All the three writ petitions were disposed of on 02.01.2013 with certain directions. One such direction was that if the appellant herein was qualified, he should be considered with reference to the relative merits and demerits for the purpose of completing the process of recruitment.

7. Pursuant to the aforesaid direction, the case of the appellant was considered and his request was rejected on 16.10.2014. Challenging the same, the appellant filed W.P.No.13566 of 2015 and interim order was granted in favour of the appellant on 30.04.2015. It is relevant to note that even in the previous round, an interim order was granted to keep one