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2022 DIGILAW 2426 (MAD)

N. Madhavan v. Vice Chancellor, Chennai

2022-07-29

S.M.SUBRAMANIAM

body2022
JUDGMENT (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to dispose of the petitioner's representation dated 08.01.2015 relating to the appointment of Professor for School of Services Administration and relating to the selection of candidates to all the Teaching Posts in the Tamil Nadu Open University on the basis of the petitioner's representation dated 08.01.2015.) 1. The relief sought for in the present writ petition is to direct the respondent to dispose of the representation submitted by the petitioner on 08.01.2015 relating to the appointment of Professor for School of Services Administration and for the selection of candidates to all the Teaching Posts in the Tamil Nadu Open University. 2. The petitioner participated in the process of selection for appointment to the post of Professor (School of Management Studies) in the respondent-Tamil Nadu Open University. The petitioner, who was an unsuccessful candidate, filed the present writ petition. 3. The present writ petition was listed for final hearing on 05.07.2022 and none appeared for the petitioner. Again the writ petition was posted for passing orders respectively on 11.07.2022 and on 13.07.2022. Since there was no representation on behalf of the writ petitioner, it was directed to be posted under the caption 'For Dismissal' on 21.07.2022. Even today i.e., on 29.07.2022, when the matter is called, there is no representation on behalf of the writ petitioner. Thus, this Court has no option but to consider the case on merits and pass the final orders. 4. The learned counsel for the respondent-University brought to the notice of this Court that the petitioner was not within the zone of consideration. The highest marks scored by one Dr.S.Subramanian was 35`4 and the other candidates scored 288 and 248. However, the petitioner scored 199 marks and therefore, he was not selected for the post of Professor (School of Management Studies). 5. That apart, the process of selection was concluded in the year 2015 and already seven years have lapsed. The petitioner was not within the zone of consideration, as he scored lesser marks than that of the cut off marks fixed by the respondent-University. 6. This being the factum, the petitioner is not entitled for the relief, as such, sought for in the present writ petition. 7. Accordingly, the writ petition stands dismissed. The petitioner was not within the zone of consideration, as he scored lesser marks than that of the cut off marks fixed by the respondent-University. 6. This being the factum, the petitioner is not entitled for the relief, as such, sought for in the present writ petition. 7. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.