P SATHYANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner seeks for the issue of a writ of certiorari to call for the records relating to the order of the third respondent, dated 6.12.1994 appointing the fifth respondent as Junior Assistant in the fourth respondent's College as confirmed by the order of the second respondent dated 1.3.1995 and to promote the petitioner as Junior Assistant in the fourth respondent's college.

(2.) According to the petitioner, he was appointed as a Herbarium Keeper on 23.2.1983 under the fourth respondent. He was regularly appointed in a permanent post which was also duly approved by the competent authority. On 23.2.1993 he was upgraded as Selection Grade Herbarium Keeper. He has also passed his Higher Secondary Examination in the year 1986 and became a Graduate in April,1990 and completed his Post Graduate course in Political Science in April, 1993. He has also passed Typewriting higher grade in English and lower grade in Tamil. He has also passed the District Office Manual in May, 1991 and hence he was qualified to hold any post in the category right from the post of Junior Assistant to the Manager.

(3.) The post of Junior Assistant became vacant with effect from 3.2.1989. The post was kept vacant even though he and his senior Hyder Ali were fully qualified for the post. In terms of Tamil Nadu Private Colleges (Regulations) Act, (hereinafter called "the Act") the post of Junior Assistant ought to have been filled up from the feeder category of Laboratory Assistant and Herbarium Keeper, but no steps were taken by the respondents in an unjust manner. In the mean while, the father of the fifth respondent who was Selection Grade Lecturer and Principal in-charge, died on 27.2.1994. The fifth respondent applied for appointment on compassionate ground to the post of Junior Assistant, even though at that point of time he was a minor and had completed only S.S.L.C.