N.Arivarasan, v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Dr.N.Arivarasan ... Petitioner Vs.

1. The Registrar,

2. The Vice Chancellor,

3. The Screening Committee,

4. The Recruitment Cell, 1/7

5. The Chairman, University Grants Commission (UGC), Bahadur Shah Zafar Marg, New Delhi - 110 002.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the first respondent to consider the petitioner representation dated 29.01.2018 as forwarded by the 5th Respondent in F.No.35-40/2012 (CU) dated 23.02.2018 and to dispose the representation.

For Petitioner : Ms.J.Josephine Saranya for D.Ponventhan For Respondents :

For R1 to R : Ms.T.Vennila for Mr.Maimoone Badsha

ORDER

The relief sought for in the present writ petition is to direct the first respondent to consider the petitioner's representation dated 29.01.2018 as forwarded by the 5th Respondent in F.No.35-40/2012 (CU) dated 23.02.2018

2. The petitioner states that he participated in the process of selection 2/7

for appointment to the post of Assistant Professor in the Department of Tamil. Two stages of selection of processes were conducted. One at the Preliminary Stage ie., Screening Committee assessment and thereafter, assessment by the Selection Committee. The petitioner scored 66.5 marks before the Selection Committee and the other candidate who scored 72.5 marks before the Selection Committee was appointed.

3. As per the documents filed by the respondents, several other Scheduled Caste (SC) Community candidates appeared before the Interview Committee and marks were awarded on various heads. The assessment of the Selection Committee cannot be borne into by the High Court in a writ proceedings.

4.The process of selection was concluded in the year 2017 and the relief sought for in the present writ petition is to direct the respondents to consider the representation. Such a relief, even if, granted would do no service to the cause of justice as the petitioner was unsuccessful before the Selection Committee.

3/7

5. The documents were produced and the respondents also filed a counter affidavit stating that the petitioner was not within the zone of consideration. In this regard, Paragraph No.8 of the Counter Affidavit reads as under:

" The 93 marks awarded to the petitioner which were published in the Notification No.CUTN-7-61/2016-Estt dated 25.10.2017 were marks allotted by the Screening Committee of CUTN but the marks allotted in the interview were based on the recommendations of the Selection Committee consisting of five (5) external member team viz., Prof.V.Jayadevan-Retd. Professor of University of Madras, Prof.G.Nirmala Mohan-Emeritus Professor of Madurai Kamaraj University, Dr.Aranga Pari - Professor & Head Annamalai University, Dr.M.Pandi, Professor & Head of Alagappa University and Prof.Arvind Keshavrao Shende of Kamala Nehru Mahavidyalaya. The Petitioner secured only 66.50 marks in the interview and therefore he was not selected for the post of Assistant Professor (Tamil) whereas the selected candidates Dr.Subash secured 73.75 marks 4/7

and Dr.Rameshkumar.V secured 72.05 marks in the interview held on 12.12.2017 and 13.12.2017."

6. The learned Counsel appearing on behalf of the respondent brought to the notice of this Court that the selected candidates were appointed and they have been serving for the past five years. For all these reasons, the relief as such sought for in the present writ petition to direct the respondents to consider the representation of the petitioner would not serve any purpose as the petitioner was an unsuccessful person in the process of selection. 7.With these observations, the writ petition stands dismissed. No costs. 28.09.2022 Index:Yes Internet:Yes Speaking order rgm/ssr To

1. The Registrar, 5/7

2. The Vice Chancellor, 6/7

S.M.SUBRAMANIAM, J.

ssr

3. The Screening Committee,

4. The Recruitment Cell,

5. The Chairman, University Grants Commission (UGC), Bahadur Shah Zafar Marg, New Delhi - 110 002.

28.09.2022 7/7