Madras High Court
C.Jeyapriya vs The State Of Tamil Nadu on 18 October, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 18.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
WP(MD)No.22822 of 2022
and
WMP(MD)Nos.16946, 16947 & 16948 of 2022
C.Jeyapriya ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep.by its Principal Secretary,
Health and Family Welfare Department,
Fort St.George, Secretariat, Chennai – 600 009.
2.The Director of Indian Medicine and Homeopathy,
Arignar Anna Hospital Complex,
Arumbakkam, Chennai.
3.The Medical Services Recruitment Board (MRB),
Rep.by its Member Secretary,
7th Floor, DMS Building,
359, Anna Salai,
Teynampet, Chennai – 600 006. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution
of India to issue a Writ of Certiorarified Mandamus, to call for
the records on the file of the third respondent in connection with
the impugned list of candidates in the Certificate Verification
Schedule for Temporary Post of Assistant Medical Officer
(Siddha) issued by him in Notification No.5/MRB/2020 dated
07.09.2022 and quash the same as unconstitutional and illegal
and consequentially direct the third respondent to prepare a
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1/6
2
fresh selection list based on merit and communal reservation by
following G.O Ms.No.55 P&AR Dept., dated 08.04.2010 and as
per the judgment of the Hon'ble Apex Court rendered in Rajesh
Kumar Daria vs. Rajasthan Public Service Commission (2007) 8
SCC 785.
For Petitioner : Mrs.L.Victoria Gowri
For Respondents : Mr.R.Suresh Kumar for R1 & R2
Mr.T.S.Mohamed Mohideen for R3
Standing counsel
ORDER
Heard the learned counsel on either side.
2.The third respondent board issued notification calling for
the applications from eligible candidates for the post of Assistant
Medical Officer (Siddha). The petitioner applied in response
thereto. She wrote the written examination. She was called for
certificate verification also. However, her name does not find
place in the selection list. She has been kept in the waiting list.
The petitioner belongs to Scheduled Caste category. She has
also done her schooling as well as graduation in Tamil medium
and she is entitled to be considered under PSTM quota also.
Thus, the petitioner is entitled to claim triple benefits, namely,
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SC quota, PSTM quota and also women category. The total
number of vacancies is 112. According to the learned counsel
appearing for the petitioner if the recruiting agency had
correctly applied the reservation policy, she would have found
place in the first selection list itself and that she would not have
been kept in the waiting list. The learned counsel for the
petitioner specifically contended that instead of fixing the
meritorious candidates in the open category, they were
erroneously placed against the special reservation vacancies and
that is how an erroneous list came to be drawn.
3.The issue as regards the mode of applying the reservation
policy is no longer res integra. The Hon'ble Supreme Court of
India in the decision reported in (1995) 5 SCC 173 (Anil Kumar
Gupta, Etc. vs. State Of Uttar Pradesh And Ors) had held that
the proper and correct course is to first fill up the O.C. quota on
the basis of merit; then fill up each of the social reservation
quotas, i.e., S.C., S.T. and B.C. This decision was followed in a
subsequent decision reported in (2007) 8 SCC 785 (Rajesh
Kumar Daria Vs. Rajasthan Public Service Commission and
Ors).
https://www.mhc.tn.gov.in/judis
4.The Hon'ble First Bench of this Court vide order dated
07.09.2022 in WP Nos.6201 of 2013 etc., held as follows :
“The proper and correct course is to first fill up the
OC quota (50%) on the basis of merit, then fill up each of
the social reservation quotas, ie., SC, ST and BC, the
third step would be to find out how many candidates
belonging to special reservations have been selected on
the above basis. If the quota fixed for horizontal
reservations is already satisfied – in case it is an overall
horizontal – no further question arises. But if it is not
so satisfied, the requisite number of special reservation
candidates shall have to be taken and adjusted /
accommodation against their respective social
reservation categories by deleting the corresponding
number of candidates therefore.”
5.The third respondent is directed to re-draw the list of
candidates called for by correctly applying the reservation policy
in the light of the principles laid down by the Hon'ble Supreme
Court. This exercise of re-drawal shall be done as expeditiously
as possible. This writ petition is disposed of. No costs. Connected
miscellaneous petitions are also dismissed.
18.10.2022
Index : Yes / No
Internet : Yes/ No
skm
https://www.mhc.tn.gov.in/judis
To:
1.The Principal Secretary,
Health and Family Welfare Department,
Fort St.George, Secretariat, Chennai – 600 009.
2.The Director of Indian Medicine and Homeopathy,
Arignar Anna Hospital Complex,
Arumbakkam, Chennai.
3.The Medical Services Recruitment Board (MRB),
Rep.by its Member Secretary,
7th Floor, DMS Building,
359, Anna Salai, Teynampet, Chennai – 600 006.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
skm
WP(MD)No.22822 of 2022
and
WMP(MD)Nos.16946, 16947 &
16948 of 2022
18.10.2022
https://www.mhc.tn.gov.in/judis
