N. Sailapathi v. Registrar, Anna University Sardar Patel Road, Chennai
2024-06-26
C.KUMARAPPAN, S.M.SUBRAMANIAM
body2024
DigiLaw.ai
JUDGMENT : S.M. Subramaniam, J. [PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 02.07.2021 made in W.P.No.3943 of 2004, and allow the writ appeal.] The Educational Qualifications prescribed for selection and appointment to a post cannot be substituted by the Courts in exercise of the powers of judicial review. 2. In the present case, the appellant participated in the process of selection for appointment to the post of Lecturer in Management in the 1st respondent / University. 3. Ms. R. Srinithi, learned counsel for the appellant would contend that the appellant passed National Eligibility Test (NET) and therefore, his candidature ought to have been considered as preferred candidate for selection and appointment to the post of Lecturer in Management. 4. Mr. D. Ravichander, learned Special Government Pleader appearing on behalf of the 8th respondent, Mr. V. Govardhanan, learned counsel for the 1st respondent, Mr. B. Rabu Manohar, learned counsel for the respondents 2 and 9 and Mr. A.S. Vijaya Ragavan, learned counsel for the 3rd respondent would submit that the NET is not a qualification prescribed under the notification for appointment to the post of Lecturer in Management. Since the qualification of NET has not been considered as a requisite qualification, the claim of the appellant cannot be considered. Thus, the Writ Court rightly rejected the same. 5. We are of the considered the opinion that the prescription of educational qualification in accordance with the Service Rules is the propagative of the employees. Admittedly, in the present case, NET has not been prescribed as an essential qualification for selection and appointment to the post of Lecturer in Management. Thus, non selection of the appellant cannot be construed as illegal or perverse. Thus, the Writ Court has rightly arrived at a conclusion and we are disinclined to interfere with the order impugned. Consequently, the Writ Appeal stands dismissed. No costs.