G. SUDHA Vs. C. THIRUNAVUKKARASU

JUDGEMENT

(1.) Though the Periyar University issued a notification for appointment to the post of Professor in Bio-Chemistry and the selection process was only in respect of the said post, the appellant, who was a candidate for the post of Professor, was appointed as Associate Professor in Bio-Chemistry, after rejecting the candidature of all the candidates, including that of the appellant and the first respondent for the post of Professor. Since the post of Associate Professor in Bio Chemistry was not notified, the learned Single Judge quashed the appointment of the appellant. The appellant challenged the order in this appeal. After obtaining an interim order staying the cancellation of her appointment, she succeeded in getting a further promotion to the post of Professor in Bio Chemistry and thereby, achieved what she could not achieve in the direct selection for the post of Professor. This case is a reflection of the sorry state of affairs in a University established by the State Government in the name of a great social reformist, fondly called as "Periyar"?. Brief facts :-

(2.) The Periyar University issued a notification dated 28 March 2013 calling for applications for appointment to the post of Professor in various subjects including "Bio-Chemistry"?. The appellant, the first respondent and others submitted applications. Since call letter was not issued, the first respondent approached the University. He was informed that the appellant was called for interview for the post of Professor and since her performance was not up to the level of Professor, she was appointed in the lower level post of Associate Professor in Bio Chemistry. The list of shortlisted candidates contain the name of seven candidates. The candidature of six others, including the first respondent was rejected. Since there was no notification for the post of Associate Professor in Bio Chemistry, so as to appoint the appellant, the first respondent filed a Writ Petition in W.P.No.26335 of 2014. The Writ Petition was allowed, resulting in quashing the appointment of the appellant as Associate Professor in Bio Chemistry. The learned Single Judge granted liberty to the appellant and the first respondent to apply to the post, in case a fresh notification is issued by the Periyar University.

(3.) The Periyar University accepted the order. The appellant challenges the order on the ground that there was nothing illegal in appointing her as Associate Professor even though the said post was not the subject matter of selection. Subsequent events:-