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Madras High CourtWP/27496/2019disposed of

M.Mohamed Faizullah v. The Registrar,

2019-09-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27496 of 2019 and W.M.P.No.26975 of 2019 M.Mohamed Faizullah ..Petitioner vs 1.The Registrar Tamil Nadu Dr.J.Jayalalitha Fisheries University Nagapattinam - 611 002 Tamil Nadu.

2.The Secretary to Government Department of Fisheries Fort St. George Chennai.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's application dated 31.07.2019 for the post of Assistant Professor (Aquaculture) in pursuant to the advertisement No.3/2019 dated 27.06.2019 issued by the 1st respondent.

For Petitioner : Mr.P.Rajkumar For Respondent : Mrs.A.Srijayanthi Additional Government Pleader

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's application dated 31.07.2019 for the post of Assistant Professor (Aquaculture) in pursuant to the advertisement No.3/2019 dated 27.06.2019 issued by the 1st respondent.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. By consent, the writ petition is taken up for final disposal.

3. The case of the petitioner is that the 1st respondent has invited applications for appointment of (i) Assistant ProfessorFaculty of Fisheries Sciences (33 posts), (ii) Assistant Professor-Faculty of Basic Sciences (7 posts), (iii) Assistant Professor-Faculty of Fisheries Engineering (2 posts) and (iv) Assistant Librarian (1 post) vide advertisement No.03/2019. The date of notification is 27.06.2019 and the last date for submission of application along with required documents was fixed as 02.08.2019. The petitioner has further averred that on 31.07.2019, he has submitted the application along with all relevant documents to the 1st respondent for the post of Assistant Professor-Faculty of Fisheries Sciences in the discipline of Aquaculture.

The petitioner belongs to BC Muslim (Labbai) and number of regular vacancy with reservation for Aquaculture discipline for BC Muslim is only one post. Thereafter, the 1st respondent University has subsequently released score pattern for the marks to be obtained by each candidate. This score pattern was released by the University only at a later point of time. At the end of score pattern guideline, a note has been issued stating that the candidates who have scored more than 40 marks out of 75 marks alone will be called for interview. Though the petitioner has scored more than 45% marks, he was not called for interview. Hence the petitioner filed present writ petition for the above stated relief.

4. Learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's application dated 31.07.2019 for the post of Assistant Professor (Aquaculture) in pursuant to the advertisement No.3/2019 dated 27.06.2019 issued by the 1st respondent and pass appropriate orders on merits within reasonable time.

5. Learned Additional Government Pleader appearing for the respondents has also conceded the request made by the learned counsel appearing for the petitioner.

6. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the 1st respondent to consider the petitioner's application dated 31.07.2019 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. The writ petition is disposed of on the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CJ Conf) //True copy// Sub Assistant Registrar kj To 1.The Registrar Tamil Nadu Dr.J.Jayalalitha Fisheries University Nagapattinam - 611 002 Tamil Nadu.

2.The Secretary to Government Department of Fisheries Fort St. George Chennai.

+1cc to Mr.P.Rajkumar, Advocate SR.No.79993 W.P.No.27496 of 2019 and W.M.P.No.26975 of 2019 RSI(CO) GMY(01/11/2019)