Madras High Court
K.Selvarani vs State Of Tamil Nadu on 9 June, 2023
W.P(MD)No.7713 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.7713 of 2023
and
W.M.P.(MD)Nos.7153 and 7154 of 2023
K.Selvarani ... Petitioner
Vs.
1.State of Tamil Nadu,
Rep. by its Principal Secretary,
Department of Animal Husbandry, Dairying and Finishers,
Fort St.George, Chennai – 9.
2.The Director of Animal Husbandry and Veterinary Services,
O/o. The Director of Animal Husbandry and Veterinary Services,
Annal Salai, Nadanam, Chennai – 35.
3.D.Murugeswari
4.K.Hari Krishnan
5.S.Manimegalai
6.C.Senthamarai
7.M.Tamilselvi ... Respondents
(R3 to R7 are impleaded vide order dated
09.06.2023 in W.M.P.(MD)No.11322 of 2023
in W.P.(MD)No.7713 of 2023 by GRSJ)
1/10
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W.P(MD)No.7713 of 2023
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus to
call for the records pertaining to the Impugned order in Government
Letter No.3497670/KaPa1(2)/2022-1 dated 29.12.2022 on the file of the
respondent No.1 and the consequential impugned order in
Na.Ka.No.23461/E2/2022-1 dated 24.03.2023 on the file of the
respondent No.2 and quash the same as illegal and consequently for a
direction, directing the respondents to conduct direct recruitment by way
of calling for the candidates from employment exchange and open market
by following the rule of reservation in accordance with the Judgment of
this Court in W.A.(MD)No.1114 of 2015 dated 03.11.2015.
For Petitioner : Mr.T.Aswin Rajasimman,
For M/s.Lajapathi Roy and Associates.
For Respondents : Mr.R.Baskaran,
Addl. Advocate General,
Assisted by Mr.K.Balasubramani,
Spl. Government Pleader for R1 & R2.
Mr.S.Louis for R3 to R7.
ORDER
Heard the learned counsel for the writ petitioner, the learned
Additional Advocate General assisted by the learned Special Government
Pleader for the official respondents and the learned counsel for the
impleaded respondents.
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W.P(MD)No.7713 of 2023
2.The petitioner belongs to scheduled caste community. She is an
aspirant for the post of Livestock Inspector Grade II in Animal
Husbandry Department. Her case is that without resorting to direct
recruitment, the impugned letter issued by the Government authorized
the second respondent to conduct training for as many as 121 persons to
eventually appoint them as Livestock Inspector Grade II. Out of 121
persons, 40 persons are in service candidates while 81 persons are sought
to be appointed on compassionate ground.
3.The learned counsel for the petitioner attacked the impugned
communications on the grounds set out in the affidavit filed in support of
writ petition.
4.The respondents have filed counter affidavit and the learned
Additional Advocate General took me through it contents. The stand of
the respondents is that the number of persons seeking appointment on
compassionate ground is fairly high in Animal Husbandry Department
and therefore, to deal with the said situation, the Government had
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W.P(MD)No.7713 of 2023
authorized the department to appoint as many as 81 persons on
compassionate grounds. According to him, the petitioner has no legal
right to be appointed as such. As and when direct recruitment takes
place, the petitioner can always take part therein. According to the
learned Additional Advocate General, this writ petition has been
prematurely filed. He pointed out that as on date there are as many as
404 vacancies and out of the same, only 121 has been identified for
departmental candidates and compassionate ground candidates. The
remaining 283 posts will be filled up through direct recruitment by
applying communal roster. He pressed for dismissal of the writ petition.
5.I carefully considered the rival contentions and went through the
materials on record. G.O.(Ms)No.2004 Agriculture Department dated
16.08.1956 set outs the mode of appointment for the post of Livestock
Inspector Grade II. Clauses 3 and 5 of the said government order are as
follows:-
“3.APPOINTMENT : Appointment to the posts shall
be made by direct recruitment or by promotion from
Veterinary Compounders in Class II of the said service or
by transfer from any other service.
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W.P(MD)No.7713 of 2023
5.QUALIFICATIONS : No persons shall be eligible
for appointment to posts unless he possesses the following
qualifications:
i) BY DIRECT RECURUITMENT
a) Must have passed in the final examination of the
Course conducted by the Madras Veterinary College.
b) Should not have completed 25 years of age on
the first day of July of the year in which the selection is
made.
ii) BY PROMOTION:
a) Must have passed either Stockmen (Livestock
Assistant Grade II Compounders Court at the Madras
Veterinary College or Government Technical Examination
in the practical dispensing (Higher Grade); and
b) Must possess departmental experience for five
years.”
6.G.O.(Ms)No.132, Animal Husbandry, Dairying and Fisheries
Department dated 06.10.2008 is as follows:-
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W.P(MD)No.7713 of 2023
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W.P(MD)No.7713 of 2023
7.It appears that inspiration has been derived from the above
government order to earmark 10% of the posts for department candidates
in several subsequent communications. Even in the impugned
communication dated 29.12.2022 issued by the first respondent and
addressed to the second respondent, the total number of vacancies is
mentioned as 404 and it has been mentioned that 10% thereof namely,
40 posts can be earmarked for departmental candidates. I wanted to
know the basis for the same. It appears that it is G.O.(Ms)No.132 dated
06.10.2008 which is the basis for such earmarking. In my view,
G.O.(Ms)No.132 dated 06.10.2008 is only in respect of Livestock
Inspector training programme held in the year 2008 – 2009. It employed
the expression “seats” and not “posts”. Since my attention has not been
drawn any other government order or statutory rules which provides 10%
of vacancies in the post of Livestock Inspector Grade II for departmental
candidates, such earmarking is impermissible.
8.Coming to compassionate ground candidates, the position is
worse. G.O.(Ms)No.33 Labour Welfare and Skill Development
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W.P(MD)No.7713 of 2023
Department dated 08.03.2023 which lays down the norms for
appointment on compassionate grounds is clear and categorical in this
regard. Clause 12 of the said government order is as follows:-
“12.Ceiling on appointment :- (1) The total number
of persons appointed on compassionate grounds in a
Department, at any point of time, shall not exceed five
percent of the total sanctioned strength, whether permanent
or temporary, of all the categories of posts inclused in
Group 'C' in that Department.
(2) There shall be no such ceiling in respect of Group
“D” Posts.”
9.There is a ceiling of 5% on the total number of appointments on
compassionate grounds at any point of time. It should not exceed 5% of
the total sanctioned strength. In the counter affidavit, it has been fairly
admitted that the total number of posts is 1199. It is admitted that even
during the last recruitment held in the year 2019, as many as 75 persons
were appointed on compassionate grounds. This already breaches the
ceiling limit of 5%. Therefore, it is the duty of the official respondents to
ensure that the appointments made on compassionate grounds is kept
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W.P(MD)No.7713 of 2023
within the ceiling limit of 5%. In other words, at any given point of time,
only 60 persons can be appointed as Livestock Inspector Grade II on
compassionate grounds. This limit has already been breached. Thus,
looked at from any angle, the impugned communication cannot be
sustained. It is quashed and the writ petition is allowed. No costs.
Consequently, connected miscellaneous petitions are closed.
09.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:-
1.The Principal Secretary,
Department of Animal Husbandry, Dairying and Finishers,
Fort St.George, Chennai – 9.
2.The Director of Animal Husbandry and Veterinary Services,
O/o. The Director of Animal Husbandry and Veterinary Services,
Annal Salai, Nadanam, Chennai – 35.
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W.P(MD)No.7713 of 2023
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.7713 of 2023
09.06.2023
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