VICE CHANCELLOR Vs. G JEYASEKARAN

JUDGEMENT

(1.) BOTH these Writ Appeals are directed against the order passed by the learned single Judge of this Court in W. P. No. 12276 of 1997, dated 31. 8. 2006. For the sake of convenience and for easy reference, the parties are referred to as per their ranking in the writ petition.

(2.) THE Tamil Nadu Veterinary and Animal Sciences University, Madras, had issued Advertisement No. 1/96, dated 4. 6. 1996 in 'daily Thanthi' Tamil newspaper, calling for applications for various posts in the University. In the said advertisement, they have called for applications for one post of Associate Professor in Fish Processing Technology in the Fisheries Faculty in the pay scale of Rs. 3700-125-4950-150-5700. It is a Group-A Post and the recruitment is by open category. As per the said advertisement, the qualification for the post of Associate Professor, as prescribed in the Tamil Nadu Veterinary and Animal Sciences University Regulations, is Ph. D. Degree with five years of experience in teaching/research in the concerned subject. It has also been mentioned that 'for University Training and Research Centres/research Farms, persons with basic degree of B. V. Sc. with Masters and Doctorate degrees in any branch of Veterinary and Animal Sciences including Basic Sciences can apply. '

(3.) DR. G. JEYASEKARAN/the writ petitioner was the Assistant Professor in the Department of Fish Processing Technology, Fisheries College and Research Institute, Tuticorin. He did his Masters Degree in M. F. Sc. and also did Ph. D in Fisheries Microbiology under Fish Processing Technology Department. Dr. C. B. T. Rajagopalasamy/the third respondent was the Assistant Professor in the Department of Fisheries Biology and Capture Fisheries, Fisheries College and Research Institute, Tuticorin. In response to the said advertisement, both the petitioner and third respondent, including some other candidates have applied and interview was conducted on 26. 6. 1997. According to the petitioner, the third respondent was not at all qualified to the post of Associate Professor and only himself and one Velayutham were qualified to hold the said post, but, the University Authorities, without adhering to the rules and regulations, have appointed the third respondent to the post of Associate Professor and appointed the said Velayutham as the Professor without fulfilling the basic qualifications for the post of Professor. Therefore, he challenged the selection of the third respondent to the post of Associate Professor by filing W. P. No. 12276 of 1997 and since the learned single Judge of this Court has allowed the said writ petition, while the University preferred W. A. No. 1541 of 2006, the third respondent in the writ petition viz. Dr. C. B. T. Rajagopalasamy has preferred WA. 1151 of 2007.