V S GOWRI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has stated that she had joined in service, as a Technical Assistant, on 12.5.1986. As such, she has been working in the Institute of Ocean management, in Anna University, Chennai, for the past 23 years. She had also obtained a Ph.D., degree from Anna University, Chennai, in the year, 1998. While so, the second respondent had published an advertisement in the news papers, on 12.2.2009, calling for applications for six posts of Lecturers, in civil engineering. The petitioner had applied for the post of Lecturer, in the Institute of Ocean management, to be selected from the open pool. She has been called for a written examination, conducted on 4.10.2009. Thereafter, she was asked to attend for the presentation, on 5.10.2009. The final interview had been held, on 6.10.2009. Thereafter, the second respondent had selected five candidates, for the posts of lecturers, in civil engineering. However, the second respondent had omitted to select the sixth candidate for the post of lecturer, which was meant for the Institute of Ocean Management.

(2.) The petitioner has further stated that she is the senior most candidate in the University, with all the necessary educational qualifications. Though the petitioner is fully qualified, for being appointed as a lecturer in the Institute for Ocean management, she had not been selected by the second respondent. Such non-selection is arbitrary and illegal.

(3.) The learned Counsel appearing for the petitioner had submitted that the non-selection of the petitioner, by the second respondent, is a mockery of the entire selection process. The second respondent had failed to select the petitioner, as a lecturer, for the Institute of Ocean Management, Anna University, even though she had possessed all the necessary qualifications. The petitioner has also the experience of 23 years of service in the said institute. When the second respondent had selected the candidates for the five posts of lecturers, there is no reason as to why the petitioner had not been selected for the sixth post of lecturer for the Institute of Ocean Management. Such non-selection is contrary to the legitimate expectation of the petitioner and it is an infringement of her fundamental right to employment.