LAWS(MAD)-2015-3-711

K PALANIVELU Vs. GOVERNMENT OF TAMILNADU; DIRECTOR OF COLLEGIATE EDUCATION; T SENTHAMIZH SELVI; GOVERNMENT ARTS COLLEGE (AUTONOMOUS); K DURAIARASAN

Decided On March 04, 2015
K Palanivelu Appellant
V/S
Government Of Tamilnadu; Director Of Collegiate Education; T Senthamizh Selvi; Government Arts College (Autonomous); K Duraiarasan Respondents

JUDGEMENT

(1.) The petitioner challenges the appointment of the fifth respondent as Controller of Examination primarily on the ground that it was made in violation of the Government Order in G.O.Ms.NO.51, Higher Education (F1) Department, dated 3 April 2012.

(2.) The petitioner is senior most among the Assistant Professors working in Government Arts College at Kumbakonam. The petitioner is qualified for appointment as Controller of Examination. The fourth respondent submitted a panel for appointment to the post of Controller of Examination. The third respondent selected the fifth respondent as Controller of Examination and issued appointment order on 29 April 2014. The said order is under challenge in this writ petition.

(3.) It is the contention of the petitioner that the Government have issued an order in G.O.Ms.No.51, Higher Education (F1) Department dated 3 April 2012 prescribing the procedure to be followed for appointment to the post of Controller of Examination. The Government Order provides that seniority should be the criteria for making appointment to the post of Controller of Examination. The petitioner therefore has taken up a contention that appointment of the fifth respondent was in utter violation of the eligibility criteria as indicated in the Government Order in G.O.Ms.No.51, Higher Education (F1) Department dated 3 April 2012.