V.Kannan v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)No.7533 of 2025 V.Kannan ... Appellant / Writ Petitioner Vs.

1.The Director, National Institute of Technology Tiruchirappalli, Thuvakudi, Tiruchirappalli - 620 015.

2.The Government of India, Ministry of Education (Earlier MHRD), Represented by its Secretary, 127 C, Shastri Bhavan, New Delhi - 110 001.

... Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 18.10.2024 passed in W.P(MD)No.5632 of 2024 on the file of this Court by allowing this Appeal.

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For Appellant : Mr.V.Kannan Party-in-person For Respondents : Ms.J.Maria Roseline Standing Counsel for R.1 Mr.S.Jeyasingh Standing Counsel for R.2

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.) Heard the appellant in person.

2.The appellant challenged the recruitment notification dated 14.06.2023 issued by the Director, National Institute of Technology, Tiruchirappalli calling for applications from eligible candidates for the post of Assistant Professor in Chemistry. The learned single Judge dismissed the Writ Petition vide order dated 18.10.2024. Challenging the same, this Writ Appeal has been filed.

3.The appellant who appeared in person reiterated all the contentions set out in the grounds of Appeal.

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4.We are not swayed by the said contentions. The appellant first contended that the impugned recruitment notification is violative of the reservation policy. The learned single Judge has pointed out that when the appellant has applied only under the open category, it is not open to him to challenge the notification on the ground that the reservation policy was not followed. The appellant would attempt to explain that during the relevant time, he was not in possession of the community certificate. 5.We are not impressed by his explanation. Having applied under the open category, it is not open to the appellant to raise the point of reservation to impugn the recruitment notification. He lacks the locus standi to do so. 6.

The learned single Judge has also pointed out that the appellant had actually applied for the post of Associate Professor. But the impugned notification was only for the post of Assistant Professor. The appellant had argued before the learned single Judge that even though he applied only for the post of Assistant Professor, due to some technical glitch, it automatically got changed into one for Associate Professor. The learned Judge noted that this explanation is found only in the rejoinder after the respondents pointed it out in their counter affidavit.

appellant was for the post of Associate Professor. That is why the learned single Judge held that his challenge to the recruitment for the post of Assistant Professor is not maintainable. We do not find any merit in this Writ Appeal. 7.This Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [K.R.S., J.] 02.06.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Director, National Institute of Technology Tiruchirappalli, Thuvakudi, Tiruchirappalli - 620 015.

2.The Secretary, Government of India, Ministry of Education (Earlier MHRD), 127 C, Shastri Bhavan, New Delhi - 110 001.

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G.R.SWAMINATHAN, J and K.RAJASEKAR, J.

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