S CHANDRAMOHAN Vs. REGISTRAR ANNA UNIVERSITY

JUDGEMENT

(1.) This petition is filed praying to issue a writ of Certiorarified Mandamus calling for the records relates to the resolution number 148.3.2 dated 21.08.2002 by which the syndicate has approved the selection of the second and third respondents and to quash the same and to direct the first respondent to appoint the petitioner in the post of deputy registrar with effect from 22.08.2002 with all monetary and consequential benefits with cost.

(2.) The brief facts that are necessary for the disposal of the writ petition is as follows: The petitioner is working as a Lecturer in the Anna University. To fill up the vacancy for the post of Deputy Registrar, the persons holding the post of Assistant Registrar alone was eligible to be appointed as Deputy Registrar. Subsequently the Rule was amended whereby the Lecturers are also permitted to be appointed as Deputy Registrar. On 22.05.2002, three posts of Deputy Registrar became vacant and applications were called for for filing up those posts. The petitioner since qualified himself for being considered for the appointment of Deputy Registrar, made an application initially but he was not called for the interview and no intimation about the interview was sent to him, But he appeared in person and he was also called for an interview on 08.02.2002. Though three posts were to be filled up, the selection committed recommended only two persons for appointment and they were appointed as Deputy Registrar. The petitioner's name was not considered for being selected as Deputy Registrar and, therefore, the case of the petitioner is that though he was also interviewed, his name was not considered for appointment since his name was not included in the list of persons sent to the Syndicate as persons considered for selection. Therefore, the petitioner contends that his name was never considered at all for being appointed; the non-consideration of his name for the post of Deputy Registrar is illegal and therefore, the approval of two persons who were selected shall be quashed and directed the respondents to appoint the petitioner in the post of Deputy Registrar with effect from 22.08.2002. The further case of the petitioner is that the Rule of Reservation has not been followed in this case. If the Rule of Reservation has been followed, the petitioner being a candidate belonging to Schedule Caste community, one post should have been reserved for that community and he should have been selected in the post. Since reservation has not been followed, the entire selection becomes illegal. Hence, the above writ petition.

(3.) Counter-affidavit has been filed by first respondent-Anna University denying the allegations. It is stated that Anna University is established by Act 1978 and it is a Body Corporate. Prior to 1999, the post of Deputy Registrar was filled up by promotion purely based on seniority, and by amendment dated 20.10.1999, the post of Deputy Registrar was also made as a selection post to be filled up from the next lower category of Assistant Registrar which is a non-teaching cadre; however in 2001 by further amendment to suit the statute, promotion to the post of Deputy Registrar was open to the teaching staffs in the cadre of Lecturer also.