M KANNAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner has come forward to file the present writ petition, seeking to challenge an order in G.O.Ms.No.499, Tamil Development Religious Endowment and Information Department, dated 20.12.2007, wherein and by which the third respondent was appointed as an Assistant Director of Tamil Etymological Dictionary Project and also challenges the order in G.O.Ms.No.401, Tamil Development Religious Endowment and Information Department, dated 05.10.2010, wherein and by which adhoc rules were framed for the upgraded post of Assistant Director of Tamil Etymological Dictionary Project and after setting aside both the orders seeking for a direction to appoint the petitioner in the post of the Assistant Director.

(2.) WHEN the writ petition came up on 01.12.2010, this Court had directed issuance of private notice. On such private notice, the first and second respondents have filed a counter affidavit, dated 08.04.2011 and the third respondent has filed a counter affidavit, dated 12.01.2011.

(3.) IT is the case of the petitioner that the petitioner was appointed in the year 1983 in the post of Compiler in the Tamil Etymological Dictionary Project. He has been working in the said post without promotion since the last 27 years. He had obtained a Degree in M.O.L Tamil, M.A. History, B.Ed and Ph.D.(Tamil). He is also fully eligible to hold the post of the Assistant Director as per the Government Order in G.O.Ms.No.282, Tamil Development and Culture Department, dated 18.8.1989. By the said G.O., the State Government had framed adhoc rules for filling up the post of the Assistant Director under the Tamil Etymological Dictionary Project. The rules were framed under Article 309 of the Constitution and had applied to the temporary post of Assistant Director in the office of the Director of Tamil Etymological Dictionary Project. It is made subject to modification as specified in the rules. Under the said rules, appointments can be made by direct recruitment or by transfer from any other class or by recruitment by transfer from among the holders of the post of Compilers in the office of the Director of Tamil Etymological Dictionary Project. Under Rule 4, qualifications have been prescribed. Rule 4(a) prescribed minimum age for entry into the post by direct recruitment. But, in the present case, Rule 4(b) prescribes educational qualifications, which is as follows: "(b)Other Qualifications: -No person shall be eligible for appointment to the post, unless he possess the following qualifications namely: -