K KRISHNASAMY Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) WRIT Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to forbear the respondents from considering the outsider for the post of Lecturer in Tamil and to promote the petitioner as Lecturer in Tamil as per the Rules and Orders of the Government.) The writ petitioner in this case joined the third respondent Management College in the year 1975 as a Lab Assistant. While he was working with the third respondent, he passed M.A. in Tamil in the year 1994 and scored 56.2% marks. According to the petitioner, he is eligible to be appointed to the post of Lecturer in Tamil. The petitioner claims to have appeared in the tests conducted by the State Level Selection Committee as well as the University Grants Commission Test. According to the petitioner, he passed in the above said tests.

(2.) IN the year 1998, a post of Lecturer in the Tamil Department fell vacant. The petitioner attended the interview along with the candidates sponsored by the Employment Exchange. The petitioner however was not selected. Subsequently another vacancy to the post of Lecturer in Tamil arose in the year 2001. The plea of the petitioner to be appointed to the said post was not considered even then. Therefore, the writ petition has been filed for a mandamus directing the respondents to consider the plea of the petitioner for appointment to the post of Lecturer in Tamil and not to select any other open market candidate.

(3.) THE writ petition is for a mandamus to consider the plea of the petitioner for appointment to the post of Lecturer in Tamil. THE selection in the post is on merit of the candidates. THE petitioner without demur participated in the interview and therefore cannot have any grouse for his non-selection and therefore his plea for automatic selection cannot be granted. Accepting the statement that there is a vacancy in Tamil Department in the third respondent college presently, it is open to the petitioner to make a representation to the third and fourth respondents to consider his case on merits. THE respondent Nos. 3 and 4 may consider the case of the petitioner sympathetically taking into consideration the long service already rendered by him in the third and fourth respondent institution if otherwise eligible. THE third and fourth respondent to consider the petitioner's claim taking into considering all relevant factors on merits. THE writ petition is disposed of accordingly. No costs.