Madras High Court
T.Maragatham vs Tamil Nadu Public Service ... on 4 January, 2021
W.A.(MD)No.1214 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1214 of 2020
and C.M.P.(MD) No.6719 of 2020
T.Maragatham ... Appellant/Writ Petitioner
Vs.
Tamil Nadu Public Service Commission,
Rep. by its Secretary,
Frazer Bridge Road,
Chennai - 3. ... Respondent/Respondent
Prayer : Appeal filed under Clause 15 of the Letters Patent Act against the order
passed by this Court in W.P.(MD)No.19852 of 2018, dated 04.02.2020.
For Appellant : Mr.P.Ganapathi Subramanian
For Respondent : Mr.D.Sivaraman
Standing Counsel
*****
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J)
The appellant, who is one among the eligible candidates for
appointment by direct recruitment to the post of Executive Officer, Grade – I,
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W.A.(MD)No.1214 of 2020
has filed the Writ Petition, seeking entitlement under the category, namely,
MBC/DC(G). Totally, four posts were earmarked. Of the four posts, the
appellant sought one under the reservation category MBC/DC(G). These four
posts have been notified, vide Notification No.25/2017, dated 14.11.2017.
2.In the meanwhile, a Government Order was passed in G.O.(Ms) No.
21, Welfare of Differently Abled Persons (DAP3.2) Department, dated
30.05.2017. Accordingly, the said post, for which the appellant sought to get
herself filled up, has been earmarked for MBC/DC(DAP) Acid Attack Victim.
As there was no candidate under the said category to be filled up, the post was
left unfilled and carried forward. Under those circumstances, the appellant filed
the Writ Petition. Learned Single Judge has dismissed the Writ Petition inter
alia holding that the amendment to the enactment with particular reference to
Section 27(b) of the Tamil Nadu Government Servants (Conditions of Service)
Act has come into force from 19.04.2017 and therefore, the same stands
applicable. It was further held that the Government Order was passed on
30.05.2017 to comply with the mandates of Section 27(b) of the Tamil Nadu
Government Servants (Conditions of Service) Act.
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W.A.(MD)No.1214 of 2020
3.Mr.P.Ganapathi Subramanian, learned counsel for the appellant
submitted when the vacancies were notified, the classification was only
MBC/DC(G) and not MBC/DC (DAP) Acid Attack Victim. Therefore, the Rule
cannot be changed after the game has been started. Now, the post is yet to be
filled up and hence, appropriate direction will have to be issued in this regard.
4.We are unable to concur with the submissions made by the learned
counsel for the appellant. Admittedly, the amendment to Section 27(b) of the
Tamil Nadu Government Servants (Conditions of Service) Act and the
Government Order, dated 30.05.2017, were prior to the notification, dated
14.11.2017. Secondly, there is no change in the notification with respect to
filling up the post of MBC/DC candidates. Even subsequent introduction is only
an addition to facilitate differently abled persons belonging to MBC community,
which is also a De-notified Community. Therefore, it is a case of horizontal
reservation. The Rule concerned further provides that if the vacancy cannot be
filled up, it can be interchanged among the five categories of disabilities, that
too with the prior approval of the Government. Only when the other four
categories are not available, then, it shall be filled up with any person other than
one without disability. Thus, looking from any perspective, we are unable to
agree with the submissions made by the learned counsel for the appellant.
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W.A.(MD)No.1214 of 2020
5.In such view of the matter, we find no error in the order of the
learned Single Judge, warranting interference. Accordingly, the Writ Appeal is
dismissed. Consequently, connected C.M.P. is also dismissed. No costs.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes/No 04.01.2021
sj
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To
The Secretary,
Tamil Nadu Public Service Commission,
Frazer Bridge Road,
Chennai - 3.
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W.A.(MD)No.1214 of 2020
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
sj
W.A.(MD)No.1214 of 2020
04.01.2021
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