A.Rajasekar, v. State Of Tamil Nadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2017

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.31047 of 2017 A.Rajasekar .. Petitioner Vs 1.State of Tamil Nadu, Rep. By the Secretary to Government, Higher Education Department, Fort St. George, Chennai - 9.

2.Teachers Recruitment Board, Rep. By its Chairman, 4th Floor, EVK Sambath Maaligai, DPI Complex, College Road, Chennai - 6.

3.Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai - 3.

4.Annamali University, Rep. By Registrar, Annamalai Nagar, Chidambaram - 608 002.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents 1 to 3 to fill up the vacancies to the post of Physical Directors in Government Colleges under the first respondent by issuing Notification for direct recruitment in accordance with law as per the Rule 3(a)(II)(1) of the Special Rules for the Tamil Nadu Collegiate Educational Subordinate Service Rules, 1985.

For petitioner : Ms.L.Parvin Banu For R1 & R2 : Mr.R.A.S.Senthilvel, AGP For R3 : Mr.M.Loganathan For R4 : Ms.T.P.Savitha

O R D E R

The petitioner seeks for issuance of a writ of mandamus to direct the respondents 1 to 3 to fill up the vacancies to the post of Physical Directors in Government Colleges under the first respondent by issuing a Notification for direct recruitment as per the Rule 3(a)(II)(1) of the Special Rules for the Tamil Nadu Collegiate Educational Subordinate Service Rules, 1985.

2. Learned counsel for the petitioner submitted that the petitioner is a qualified person to participate in the selection for the post of Physical Director in Physical Education Department. Whileso, the second respondent issued a Notification on 28.07.2017 inviting applications for the post of Lecturers (Engineering/Non-Engineering) in Government Polytechnic Colleges for 1058 vacancies. However, they did not notify the vacancies for the post of Physical Directors. According to the petitioner, 40 Assistant Professors working in the fourth respondent University were redeployed in the existing vacancies of Physical Directors as per Section 19 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.

Thus, it is contended that when the fourth respondent University is not a Government University ever as per the judgment of this Court in M.Aamira Fathima and others v. Annamali University and others (W.A.Nos.1637 and 1638 of 2014, etc., dated 26.09.2016), the Government, while identifying the surplus Assistant Professors, cannot fill up all the vacancies by redeploying the surplus teachers from the fourth respondent University. Such an approach adopted by the Government would ultimately deprive the rights of the persons, like the petitioner, who have completed entire studies to get an appointment for the said post. Therefore, she pleaded, for the future vacancies, a direction may be given to the respondents to fill up the said post by issuing a fresh notification in accordance with Rule 3(a)(II)(1) of the Special Rules.

3. This Court is unable to agree with the above said submissions, for, in view of over population of both teaching and non-teaching staffs, who were appointed in the fourth respondent University without following the Rules, the excess teaching as well non-teaching staffs working in the fourth respondent University came to be appointed by way of transfer in various institutions and that Government also, by way of rehabilitation, identified the excess teaching and non-teaching staffs and thereupon transferred them to various colleges wherever such vacancies had arisen. It is also to be noted that while filling up of the posts of Assistant Professors, the Government have filled up only certain percentage of vacancies by accommodating the excess teachers from the fourth respondent

University, keeping certain percentage of vacancies for direct recruits as well. Thus, in such view of the matter, the petitioner cannot question the appointment of excess teachers from the fourth respondent University.

4. In fine, for the reasons stated above, the writ petition fails and the same is dismissed as devoid of any merit. No Costs. WMP.No.34039 of 2017 is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rkm To 1.The Secretary to Government, Higher Education Department, Fort St. George, Chennai - 9.

2.The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sambath Maaligai, DPI Complex, College Road, Chennai - 6.

3.Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai - 3.

4.The Registrar, Annamali University, Annamalai Nagar, Chidambaram - 608 002.

+1cc to Mr.M.Loganathan, Advocate, S.R.No.85421 +1cc to M/s.Row & Reddy, Advocate, S.R.No.85248 +1cc to Ms.T.P.Savitha, Advocate, S.R.No.84888 +1cc to the Government Pleader, S.R.No.85846 W.P.No.31047 of 2017 RJ(CO) RRK(09/01/2018)