S. CHANDRAMOHAN Vs. REGISTRAR

JUDGEMENT

(1.) The respondent Anna University issued Advertisement No.001/PR15/2010 dated 14.01.2011 inviting applications for the post in various Departments of Anna University. As per entry 18, there were three vacancies for the post of Professor in Electrical & Electronics Engineering (EEE). As per the Notification, out of the three vacancies, one was earmarked for General Turn (GT); one for Scheduled Caste (Arunthathiyar) (SC(A)) and one for for Most Backward Class (MBC). The petitioner is a candidate belonging to Scheduled Caste. Similarly, the 14th respondent also belongs to Scheduled Caste. Several candidates made applications including the petitioner and the 14th respondent herein. A Selection Committee was constituted by the Anna University to select the candidates suitably for appointment based on merits. The Selection Committee, consists of 9 members including the Vice Chancellor who was the Chairman of the Selection Committee. The Committee held its meeting on 14.06.2012. As many as 12 applicants were called for interview for the post of Professor in the Department of EEE including the petitioner and the 14th respondent herein. In the said selection process, the petitioner as well as the 14th respondent had secured equal marks namely 33 each and they were ranked at No.7. No candidate out of these 12 belong to Scheduled Caste (Arunthathiyar) community. Therefore, the Anna University did not select anybody out of the above 12 candidates. The petitioner is aggrieved by the same. Therefore, he is before this Court with this writ petition seeking appropriate direction to the respondent University appointing the petitioner as Professor in EEE Department, as against the said vacancy which was earmarked for Scheduled Caste (Arunthathiyar) community.

(2.) I have heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Anna University and I have also perused the records carefully. The 14th respondent is present before this Court. I have heard her also. The other respondents in this petition are only formal parties however, they have not appeared before this Court despite service of private notice.

(3.) The learned counsel for the petitioner would submit that as per G.O.Ms.No.61, Adi Dravidar and Tribal Welfare (TD2) Department dated 29.05.2009, the seats to be allotted to Arunthathiyars on preferential basis shall be offered in the horizontal rotation such as 2,32 and 66. The preferential seats if filled up, it does not mean that the other qualified Arunthathiyars shall not compete with the rest of the Scheduled Castes members on inter-se merits basis; vice versa, if no qualified Arunthathiyars are available to fill up the preferential seats, it does not mean that the vacancies so arising shall not be filled up by the Scheduled Castes members on merit basis.