N.Arun Kumar v. Dean, Mother Theresa Post

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR N.Arun Kumar ... Petitioner Vs.

1.Dean Mother Theresa Post - Graduate and Research Institute of Health Sciences, (A Government of Puducherry Undertaking), Indira Nagar, Gorimedu, Puducherry - 605 006.

2.The Recruitment Committee Represented by its Chairman / Chief Secretary to Government of Puducherry, Puducherry.

3.S.Padmapriya, Assistant Professor in Pharmacy (Pharmaceutics),

MTPG & RIHS, Puducherry.

4.I.Noorul Alam, Assistant Professor in Pharmacy (Pharmaceutics), College of Pharmacy, MTPG & RIHS, Puducherry.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the office order issued by the Dean, Mother Theresa Post Graduate and Research Institute of Health Sciences (A Government of Puducherry Institution) Indira Nagar, Gorimedu, Pondicherry and made in No.3-67/E1/Estt./MTPG & RIHS/2011/784, Puducherry, dated 01.08.2011 and the officer order No.3/67/E1/Estt./MTPG & RIHS/2011/784 Puducherry, dated 01.08.2011, the first respondent herein in appointing the third and fourth respondents herein respectively as Assistant Professor in Pharmacy (Pharmaceutics) in the first respondent Institution and quash the same and consequently direct the respondents 1 and 2 herein to conduct a fresh selection after following due procedure of law and by giving due weightage to the additional qualifications and Teaching Experience acquired by the candidates and within such time as may be prescribed by this Hon'ble Court and quash the same.

For Petitioner : Mr.N.Damodaran For R1 & R2 : Ms.Sharada Vivek Additional Government Pleader (P) For R3 : Mr.G.Purushothaman

For R4 : Mr.Sunny Sheen for M/s.V.Srimathi

ORDER

This writ petition has been filed challenging the selection and appointment of the respondents 3 and 4 for the post of Assistant Professor in Pharmacy (Pharmaceutics) in the respondent Institute on the ground of violation of the selection procedure.

2. The facts of the case are that, the petitioner herein participated in the recruitment process for filling up of the post of Assistant Professor in Pharmacy (Pharmaceutics) [hereinafter referred to 'Assistant Professor'] in response to the advertisement dated 19.05.2011 issued by the respondent Institute along with the respondents 3 and 4 herein. The said notification was issued for filling up of the post of Assistant Professor in question along with certain other posts of Assistant Professor in different discipline. As far as the selection process in respect of the Assistant Professor in Pharmacy (Pharmacognosy) is concerned, the selection process took place on 18.07.2011 by duly adopting a

different procedure than procedure contemplated in the notification in question. However, in respect of the post of Assistant Professor in question and certain other disciplines, the selection process took place on 19.07.2011 to 22.07.2011, duly changing the procedure that was adopted on 18.07.2011 at the instance of the Chief Minister of State of Puducherry. It is aggrieved by the said change in the selection process, the petitioner approached this Court by filing the present writ petition as noted herein above.

3. From the perusal of the material on record, it is noticed that said change in the selection process on 19.07.2011 from that of selection procedure adopted on 18.07.2011 is only to bring the selection process in tune with the procedure provided in the notification dated 19.05.2011. It is not in dispute that the selection process that was conducted on 19.07.2011 to 22.07.2011 is in tune with the notification dated 19.05.2011. In that view of the matter, even the selection process that was adopted on 18.07.2011 is in deviation to the selection process contemplated under the notification dated 19.05.2011, this Court is not

inclined to interfere with the impugned selection and appointment of the respondents 3 and 4 as the petitioner has participated in the recruitment process only for the post of Assistant Professor in question and he has nothing to do with the selection process that took place on 18.07.2011.

4. In view of the above, this Court does not find any merit in this Writ Petition and the same is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 26.08.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

To 1.Dean Mother Theresa Post - Graduate and Research Institute of Health Sciences, (A Government of Puducherry Undertaking), Indira Nagar, Gorimedu, Puducherry - 605 006.

2.The Recruitment Committee Represented by its Chairman / Chief Secretary to Government of Puducherry, Puducherry.

MUMMINENI SUDHEER KUMAR, J.

mtl 26.08.2025