M SANKARANARAYANAN Vs. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT; DIRECTOR, KALAKSHETRA FOUNDATION; CHAIRMAN; GOVERNMENT OF INDIA; B SRINIVASARAGAVAN

JUDGEMENT

(1.) The petitioner in both the writ petitions are one and the same. The issue involved in these writ petitions are inter-connected. Therefore, both the writ petitions are taken up together for final disposal and are disposed of by this common order.

(2.) In the first writ petition namely WP No. 34917 of 2015, the challenge is to the order dated 27.08.2015 passed by the second respondent, by which, the order dated 05.08.2015, appointing the petitioner as Deputy Director on Deputation basis in Kalakshetra Foundation, has been cancelled. The subsequent writ petition in WP No. 10740 of 2016 has been filed to quash the notification issued by the respondents 1 to 3 therein which was published in one issue of the Daily Employment News dated 21-27 November 2015, calling for applications for filling up the post of Deputy Director afresh in Kalakshetra Foundation.

(3.) In response to a notification published in the Employment News dated 24-30 January 2015 issued by the Kalakshetra Foundation for recruitment to the post of Deputy Director on deputation basis from among the employees of Central, State Government and Union Territories, the petitioner submitted his application dated 20.02.2015 through proper channel. By a communication dated 20.07.2015, the petitioner was called upon to attend an interview on 23.07.2015. The petitioner also attended the interview with the permission of his employer namely first respondent in WP No. 34917 of 2015. After the interview, the petitioner was selected by the Selection Committee of Kalakshetra Foundation and such selection was also approved by the Governing Body of Kalakshetra Foundation on 29.07.2015. On 05.08.2015, the second respondent in WP No. 34917 of 2015 passed an order appointing the petitioner to the post of Deputy Director and also requested the first respondent in WP No. 34917 of 2015 to relieve the petitioner from service so as to enable him to join the post of Deputy Director. However, without any valid reasons, the second respondent in WP No. 34917 of 2015 passed the order dated 27.08.2015, cancelling his appointment as Deputy Director of Kalakshetra Foundation. The petitioner has submitted a representation dated 09.10.2015 to the second respondent in WP No. 34917 of 2015 requesting to give effect to the order of appointment. Since the representation dated 09.10.2015 has not been considered, the petitioner has filed WP No. 34917 of 2015 challenging the order cancelling his appointment. Pending WP No. 34917 of 2015, Kalakshetra Foundation has published a notification in Employment News dated 21-27 November 2015, calling for applications for recruitment to the post of Deputy Director afresh in Kalakshetra Foundation. According to the petitioner, Kalakshetra Foundation has issued the subsequent notification to fill up the post of Deputy Director in a hurried manner to make the relief sought for by the petitioner in WP No. 34917 of 2015 infructuous.