R PONNUSAMY Vs. REGISTRAR ANNA UNIVERSITY

JUDGEMENT

(1.) PURSUANT to an advertisement issued by the first respondent University in Hindu" and "Indian Express" calling for applications to fill up two vacancies in the Division Geology a post of Assistant Professor and Lecturer, the petitioner and the second respondent applied for the same. The Selection Committee had considered the applications, found second respondent suitable and selected the second respondent for the post of Lecturer Geology. The petitioner, who is one of the candidates who applied for the post, has come this Court challenging the selection of the second respondent.

(2.) THE petitioner alleges in the affidavit that the second respondent is not qualified the post and the essential qualification for the post of Lecturer being a Doctorate Degree Research Work and in the absence of Doctor's Degree, a person possessing M.Phil will to be appointed and as such the petitioner, who has got M.Phil has got to be selected further alleged that in so far as the second respondent is concerned, he possesses Degree in M.Sc. Geology and Degree in MTech (Remote Sensing), which is neither equivalent to M.Phil nor pertaining to the subject. It is stated that the very appointment of a who was not qualified is nothing but an arbitrary exercise of power and the same is of Arts. 14 and 16 of the Constitution of India. It is further alleged that the first respondent having prescribed certain qualifications in the advertisements in the newspapers, cannot a go-by to the qualifications prescribed and if a go-by is given it will be clearly in violation Art.14 of the Constitution. It is further stated that the first respondent ought appointed the petitioner by absorbing him as an internal candidate because the was already working as a Technical Research Fellow and has already registered himself Ph.D. course (part time) under the first respondent. It is further alleged that there were posts of Lecturers vacant and the first respondent not only selected the second respondent, but also selected one Dr.S.Ramaswamy, who has applied for the post of Assistant and as such the petitioner has no chance of getting any appointment in the near future. these allegations, the petitioner wants this Court to issue a writ of declaration declaring selection and appointment of the second respondent to the post of Lecturer in the Division in Anna University as invalid.

(3.) THE annexure attached to the counter affidavit filed by the first respondent shows second respondent has got a field of specialisation in photogeology, which conforms specialisation required and has got an experience of working as Hydrogeologist and as Research Assistant in the Institute of Remote Sensing, Anna University and as Lecturer in Birla Institute of Scientific Research, Jailer from 1987 to 1989, totalling about years experience. He has to his credit publication of journals of repute National/Inter national, seven in number regarding, participation in conferences, the second respondent participated in two conferences, whereas the qualification of the petitioner is (Miscropalametology) which does not conform to the specialisation required. According first respondent, the petitioner has got two years of experience and has got no experience in any other items shown in the anexure attached to the counter affidavit, especially, items 7 to 9.