ORDER

The petitioner has filed this writ petition praying to issue a Writ of Mandamus directing the respondents to proceed with the select list forwarded by the Selection Committee constituted under the Puducherry Real Estate (Regulation and Development) General Rules, 2017 and to appoint him as a Member of the Puducherry Real Estate Regulatory Authority.

2. It is stated by the petitioner that he initially worked as a Probationary Officer in Indian Bank from May 1983 and he subsequently, joined as an Assistant Provident Fund Commissioner under the Employees Provident Fund Organisation, Ministry of Labour during October 1990. In the year 1996, he was promoted as Regional Provident Fund Commissioner Grade I. While so, he was appointed as Recovery Officer in the Debts Recovery Tribunal (DRT), Bangalore on deputation for a period of six years between 2000 and 2006. Thereafter, the petitioner was promoted as Additional Central Provident Fund Commissioner and handled several statutory and administrative works and he ultimately retired from service with effect from

28.02.2019.

3. The petitioner would further state that the Government of India promulgated the Real Estate (Regulations and Development) Act, 2016 (in short, 'the Act') which envisages the constitution of a Real Estate Regulatory Authority for each State. In order to give effect to the Act, the Government of Puducherry issued the Puducherry Real Estate (Regulation and Development) General Rules, 2017. Chapter VI, more particularly Rule 17 deals with the selection of Chairperson and Members of the Authority. For the purpose of appointment of Chairperson and two members for the Puducherry Real Estate Regulatory Authority, the Government of Puducherry issued an advertisement on 11.07.2018 followed by another advertisement on 28.08.2018. In response, the petitioner submitted his application through proper channel for the post of Member, enclosing all the records to show his past experience. The selection committee finally recommended two names to the Government to select one among them for appointment to the post of Chairman and four names to the Government to select two among them for the post of Members. The name of the petitioner was included in Serial No. 3 in the list for appointment of Member. Thereafter, G.O.Ms.22/2019-Hg dated 15.11.2019 was issued appointing Thiru. Ashok Kumar, I.P.S. as Chairman, Thiru. S.Ragunathan and Thiru. Ramakrishna Rao Ravi as members. It is also stated by the petitioner that Thiru. Ashok Kumar and Thiru. S. Ragunathan, whose names were indicated in Serial No.1 of the select list for appointment to the post of Chairman and Member expressed their unwillingness and Thiru. Ramakrishna Rao Ravi, whose name was indicated in Serial No.2 joined as a Member. So, for appointment of Chairman and one more member, the respondents resorted to a fresh selection process without considering the name of the petitioner, whose name was indicated in Serial No.3 in the select list. According to the petitioner, when the person whose name was indicated in Serial No.1 expressed his unwillingness, then the respondents ought to have appointed the person in Serial No.2 as well as the petitioner, whose name was indicated in Serial No.3 as members. It is also submitted that the petitioner is also fully qualified for being appointed to the post of Member and his name was also recommended by the selection committee. While so, resorting to a fresh selection process for appointment to the post of Member is uncalled for. It is in those circumstances, the petitioner has come up with this writ petition before this Court.

4. The learned counsel for the petitioner vehemently contended that a fresh selection process for appointment of a candidate to the post of Member is unwarranted. The selection committee has already recommended the names of 4 candidates, including the petitioner, for appointment to the post of two Members. Thiru.S.Raghunathan, whose name was recommended by the comm