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(Judgment of the Court was made by Mr.Justice S.MANIKUMAR) Challenge in this appeal, is to an order made in W.P(MD)No.12042 of 2015 dated 15.07.2015, by which, a learned single Judge has declined to issue a Writ of Mandamus, directing the Registrar, Madurai Kamaraj University, Madurai, to refix the seniority of the appellant, as a backlog vacancy of the year 2006 and place him at the top, in the department of Tamilology in the abovesaid University.

2.Material on record discloses that the appellant was appointed as Assistant Professor on 18.03.2010, in Madurai Kamaraj University, in the department of Tamilology, in the recruitment for filling up of backlog vacancies for SC/ST. His name was placed below the category of MBC, which according to the appellant, is to promote a person from MBC community, who was older than him. The respondent University has maintained an attendance register, by following Serial Nos.(i) Dr.B.Sathiyamoorthy, who belongs to Most Backward Class Community (ii) Dr.B.Sankareswari, who belongs to Backward Class community and (iii) the appellant belongs to SC community.

Heard the learned counsel for the parties and perused the materials available on record.

8.Advertisement of the Madurai Kamaraj University enclosed in the typed set of papers, shows that it has been issued for filling up of backlog vacancies for SC/ST in various departments. In Tamilology Department, one vacancy for SC, has been advertised. Similarly, advertisement has been issued, for filling up backlog vacancies for MBC/Denotified communities and Backward Class Community. In all the categories in Tamilology, one post has been notified. Admittedly, the appellant has been appointed on 18.03.2010 as Assistant Professor in Tamilology Department. Contending inter alia that in December 2006, the Court had directed that SC/ST backlog vacancies have to be filled up first and since the appellant belonged to SC community, he has made a representation dated 19.03.2012, to the Syndicate Member, Madurai Kamaraj University, Madurai, to appoint him as Head of the Department, Tamilology, after the retirement of Mr.M.Manivel. Subsequently, he seemed to have made representations to the University, to enter his name in the attendance register, at the top. According to the appellant, his name is written in the second place. However, in the representation, he has stated that even before 2006, the vacancy earmarked for SC candidates, had not been filled up, but the same had been done only in the year 2010 and therefore, his claim be considered for revision of seniority.

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10.Reading of the above shows that the grievance of the appellant is that in the attendance register and calender, his name should figure first, on the basis of the notification published by the Madurai Kamaraj University, for filling up backlog vacancies, SC-1, MBC-1, and BC-1. It is also his contention that backlog vacancies for SC before 2006, has been filled up only in 2010 and that the notification is in the order as SC-1, MBC-1, BC-1, respectively.

11.From the above, it could be deduced that in 2006, the appellant was not even in service, but in the supporting affidavit, he has claimed that his service period should be calculated from the date of vacancy before 2006. The abovesaid contentions cannot be countenanced. Further contention of the appellant is that candidate belonging to MBC, recruited in the year 2010, as against backlog vacancy for the said community, cannot be placed above the appellant.

12.During the course of hearing, Mr.T.Lajapathi Roy, learned counsel for the appellant submitted that MBC candidate selected in 2010 against the backlog vacancy, was older than the petitioner. It is a settled procedure that whenever selection is made, the selected candidates should be arranged, taking note of their respective age and the older among them, would figure in the top of the list. In such a view of the matter, when three candidates belonging to three different communities have been selected, as against their respective backlog vacancies, it cannot be said that the procedure followed, in arranging the selected candidates as per their age, is manifestly illegal. Even as per the version of the appellant, his name has been entered at Serial No.2, in the attendance register. Merely because the notification issued by the Madurai Kamaraj University to fill up the backlog vacancies is in the order, as SC-1, MBC-1, BC-1, it cannot be contended that candidates selected against SC vacancy should figure first in the attendance register and consequently, be assigned the post of Head of the Department, Tamilology.