Citation : 2025 Latest Caselaw 327 Mad
Judgement Date : 2 June, 2025
W.A(MD)No.1211 of 2025
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
W.A(MD)No.1211 of 2025
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.
1/5
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W.A(MD)No.1211 of 2025
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. The fact remains that the application submitted by the
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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.
MGA
02.06.2025
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