Institutions may impose undisclosed cutoff marks for selection to senior posts; no obligation to specify minima in notifications.

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner, who is serving as Dean (Academic) and Controller of Examinations (in charge) of the APJ Abdul Kalam Technological University has filed this writ petition seeking to direct the 1^st respondent to effect appointment to the post of Director of the 2^nd respondent- Institute of Human Resources Development (IHRD) in pursuance of Ext.P27 notification, from Ext.P30 score, on cancelling / discarding 15 marks awarded to the 10^th respondent.

2. The petitioner states that he joined in service under the 2ndrespondent-Institute of Human Resources Development (IHRD) as Lecturer on contract basis on 21.06.1995. His service was regularised on 08.09.1998. He was given the scale of Senior Grade Lecturer on 28.04.2004. The petitioner was promoted as Assistant Professor on 19.07.2007 and as Professor on 09.09.2016.

3. The Government issued Ext.P6 G.O. dated 30.06.1986 for establishing IHRD, an autonomous institute for manpower development in electronics. Ext.P7 is the Memorandum of Association and the Rules and Regulations relating to IHRD. The petitioner states that under Exts.P6 and P7, the statutory authority to frame the rules is the governing body of the IHRD.

4. The IHRD issued Ext.P27 notification dated 04.03.2024 inviting applications for the post of Director, IHRD. No candidate was recommended for appointment pursuant to Ext.P27 on the ground that no one could secure 60 marks. The petitioner states that no minimum marks in interview was insisted by the 1strespondent in Ext.P27 notification. Therefore, the omission on the part of the respondents to recommend a candidate to the post of Director, IHRD is highly arbitrary and ill-motivated.

5. The petitioner states that the 10^th respondent has no experience in teaching and has never guided any student in research. However, the 10^th respondent was awarded 5 marks for teaching experience and 10 marks for research experience. This is illegal. Respondents 4 to 7 have no authority or jurisdiction to fix the minimum marks for appointment to the post of Director, IHRD. The petitioner has M.Tech and PhD. Ext.P5 Resume of the petitioner would establish that the petitioner has presented papers in various international and national conferences. The respondents are therefore compellable to fill up the post of Additional Director, IHRD, contended the petitioner.

6. The 2^nd respondent filed counter affidavit.

The 2^nd respondent stated that earlier, after due process of selection, the 10^th respondent was appointed as Additional Director (Administration and Planning). Dr. Suresh was appointed as Additional Director (Engineering Colleges and MPTCS Stream) and Dr. V.P. Devassia as Additional Director (CASS, THSS, RCs and EXPN Centres) in the year 2010. There is no illegality committed by the respondents in the recruitment process which is the subject matter of this writ petition.

7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the 1^st respondent. I have also heard the learned Standing Counsel appearing for the 2^nd respondent.

8. The petitioner responded to Ext.P27 notification dated 04.03.2024 and applied for appointment to the post of Director, Institute of Human Resources Development. The selection was to be done by the Government on the recommendation of Selection Committee. As no appointment was effected pursuant to Ext.P27 notification, the petitioner filed W.P.(C) No.6809/2024. 9. When the said writ petition came up for hearing, it was submitted that selection proceedings for appointment to the post of Director in IHRD were carried forward but no suitable person could be identified for appointment as Director. The writ petition was disposed of leaving open all legal contentions.

10. The petitioner has now filed the writ petition seeking to direct the 1^st respondent to effect appointment to the post of Director in pursuance