V RANGANATHAN Vs. N BASKARAN

JUDGEMENT

(1.) The Respondent No.1 herein, Shri N. Baskaran, and the Union Public Service Commission filed two separate writ petitions, being W.P. Nos.41237 of 2005 and 10771 of 2006, challenging the order passed by the Central Administrative Tribunal, Chennai Bench, on 7th December, 2005 in O.A. No.689 of 2004. The relief prayed for by the Petitioner herein, who was the Applicant in the Original Application, was for a direction upon the Union Public Service Commission (U.P.S.C.) to appoint him to the post of Principal in a Higher Secondary School in Pondicherry under the Scheduled Caste category instead of Shri N. Baskaran, pursuant to order No.F.1/114/2003-R.III dated 16th July, 2004, issued by the said Respondent. The said relief was subsequently amended in the following manner :-

(2.) The facts, which led to filing of the two writ petitions, indicate that the Secretary, U.P.S.C., invited applications for appointment to three vacancies to the post of Principal, Government Higher Secondary Schools in Pondicherry, by Advertisement No.17 published in the "Employment News" on 13th September, 2003. Out of the said three vacancies, one was reserved for a candidate from the Scheduled Castes category. It appears that in the vacancies for candidates belonging to Scheduled Castes, 48 applications were received and on the basis of preliminary scrutiny, 11 candidates were short-listed and called for interview on 9.3.2004. Both, Shri N. Baskaran and Shri V. Ranganathan, the Petitioner and the Respondent No.1 in Writ Petition No.41237/2005, were among the 11 candidates who were called for the interview. Apparently, based on his performance in the interview, Shri N. Baskaran was selected for the post as per the Selection List published on 16.7.2004. It is thereafter that Shri V. Ranganathan filed the above-mentioned O.A.No.689 of 2004 before the Chennai Bench of the Central Administrative Tribunal. The Tribunal, by its order dated 7.12.2005, allowed the Original Application and also directed the official respondents to appoint the Applicant as the Principal of the concerned Higher Secondary School. Aggrieved thereby, Shri N. Baskaran challenged such selection in Writ Petition No.41237 of 2005.

(3.) One of the conditions which had to be fulfilled by the candidate for being eligible to be appointed in terms of the advertisement was to have 10 years' teaching experience in a Higher Secondary School. As per Shri N. Baskaran's version, he had more than 18 years total experience of teaching. However, according to the Union Public Service Commission, as far as the Higher Secondary level is concerned, he had only 10 years and 4 months of teaching experience. It is Shri Baskaran's case that he also possessed a Post Graduate Degree in Chemistry and a Post Graduate Degree in Education. It was, therefore, claimed on his behalf that he was fully qualified for selection and appointment to the post of Principal of a Higher Secondary School.