DR. R. RAMESH Vs. REGISTRAR, BHARATHIAR UNIVERSITY

JUDGEMENT

(1.) Every significant case has an unwritten legend and indelible lesson. The instant writ petition is no exception, whatever its result. The message that will be given by this Court at the end of this decision is that "appointment has to be made strictly as per statutory rules; and a person not possessing requisite qualification and appointment made dehors of the rules without following procedure, such appointment is illegal since inception, non est, nullity and no legal right to continue or right over the post and the length of continuous service of such illegal appointment will not help him in any manner [Refer: Yogesh Kumar v Government of NCT Delhi and others (2003) 3 SCC 548]"

(2.) Calling in question the appointment given to the second respondent as Assistant Technical Officer (Library) and his consequential promotion to the post of Technical Officer, the petitioners have come up with this writ petition. A mandamus has also been sought to the first respondent to consider the enquiry report dated 13.04.2017 and remove the second respondent from the post of Assistant Technical Officer (Library).

(3.) The succinctly stated facts are as under: