The Madras High Court bench has quashed the appointment of a non-priority candidate under General Turn Priority category for Assistant Professor (Fish Processing Technology) post by Tamil Nadu Veterinary and Animal Sciences University, saying they had not followed notification rules.
Allowing a petition filed by one R Yathavamoorthi, son of an ex-serviceman, Justice T S Sivagnanam said the notification had clearly stated that one post is reserved for GTP category. "The university could have chosen a non-priority candidate only if no candidate was available under GTP category"
"The reservation (for GTP) contemplated in the notification sought to be diluted by the University by relying on G.O. which was not relevant to this post," the Judge said.
The government order said if sufficient number of candidates are not available in priority category, candidates from non-priority category should be considered for appointment against those vacancies. Such a contingency did not arise here, he said.
The judge said the University could not compare the priority candidate and non-priority candidate as this question did not arise as the former was more qualified.
He also described as illogical the manner in which marks were awarded to the candidates and noted the petitioner had scored higher marks than the selected candidate.
The judge said the petitioner should have been awarded more marks for his post graduate qualification. The petitioner had secured overall grade point average of 8.16 out of 10 in his PG course but had not been awarded any marks. But the selected candidate who obtained 9.6 out of 10 had been given 20 marks.
The judge said as selection and appointment of the fifth respondent was subject to the result of the writ petition, she shall have no right to hold the said post.
He directed the petitioner to be appointed in her place as the Assistant Professor of Fish Processing Technology discipline.
