The prayer in the writ petition is for a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent dated 18.12.2009, in her proceedings Pa.Mu.No.9496-A5-09-1, Pa.Mu.No.9496-A5-09-2 and Pa.Mu.No.9496-A5-09-3 approving the appointment of respondents 4 to 6 as lab technicians by the order of 1st respondent dated 01.08.2007, 02.08.2007 and 03.08.2007 respectively as per G.O. (MD) No.135 Higher Education Department dated 12.06.2009 and quash the same and direct the respondents 1 and 3 to appoint the petitioner as permanent lab technician from 01.08.2007 as per seniority list.
2.Heard both side.
3.Though through the impugned orders, which are under the challenge, the appointment of respondents 4 to 6 to the post of Chemistry Lab Assistant has been made, the petitioner wants to restrict his prayer that if any future vacancy of Chemistry Lab Assistant or equivalent post arises in the third respondent college and for the said post if his candidature be considered, then the petitioner would be satisfied.
4.The learned Standing Counsel appearing for the 3rd respondent college would submit that insofar as the appointments made to private respondents are concerned those appointments have been made to eligible candidates alone and none of the candidates, who had been arrayed as respondents 4 to 7, are lacking any qualification and therefore, the same cannot be assailed.
5.When this Court has made a query to the learned Standing Counsel for the third respondent that since the petitioner has been working as Chemistry Lab Assistant for quiet long years i.e., 19 years, if the vacancy of very same Chemistry Lab Assistant or other equivalent permanent post arises, why the candidature of the petitioner should not be considered, it was replied by the learned Standing Counsel for the third respondent that if any future permanent vacancy arises for Chemistry Lab Assistant post or any other equivalent post, certainly the candidature of the petitioner would be considered and only after appointing the petitioner the other candidates working in the 3rd respondent college or from open market will be considered.
6.Considering the submissions made by the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the third respondent, instead of going into the veracity of the impugned orders, through which appointments have been made against respondents 4 to 6, a suitable direction can be issued to the third respondent to consider the candidature of the petitioner in future vacancy.
7.In the result, the following orders are passed in this writ petition:
(i) The impugned orders since not been seriously questioned, the same are not interfered with.
(ii) The third respondent shall consider the candidature of the petitioner for any future vacancy on permanent basis arises to the post of Chemistry Lab Assistant or any other equivalent post available or sanctioned at the 3rd respondent college and the petitioner shall be absorbed permanently in that post.
(iii) In this regard, it is made clear that the petitioner need not compete with any open market candidate or any intra college candidate for the very first vacancy for the post of Chemistry Lab Assistant or any other equivalent post and once the petitioner's candidature is absorbed, it is open to the third respondent to fill up any other post simultaneously or subsequently arises with open market candidates for based on inter se merits.
8.With these directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Director of Collegiate Education, E.V.K. Sampath Building, 9th Floor, College Road, Nungampakkan, Chennai ? 600 006.
2.The Joint Director of Collegiate Education, Sheny Nagar, Madurai ? 625 020..