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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.KALAIMATHI
G.Jayakrishnan – Appellant
Versus
State of Tamil Nadu, Rep. by its, Health and Family Welfare Department – Respondent
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) empl
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Appointment – Available vacancies with Government being less, normal rule provides for a selection process to be followed so that best available candidate is selected – Essence of discrimination is u....
The government has inherent power to abolish posts without violating rights if no discrimination is shown; appointment rights depend on vacancies and must follow public selection procedures.
Point of law; It is clearly clarified in this judgment also in line with the earlier judgments also that unless and until the original appointment is a “regular recruitment” in accordance with “the r....
Appointments made contrary to established recruitment rules are illegal and void ab initio.
The court affirmed that denial of charge to an eligible candidate based on arbitrary grounds violates principles of legitimate expectation and is subject to judicial review under Articles 14 & 16 of ....
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