Madras High Court
C.Selva Priya vs The Secretary on 22 April, 2025
2025:MHC:1034
W.P.(MD)No.2682 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2025
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)No.2682 of 2019
and
W.M.P.(MD)Nos.2041, 2042 & 12696 of 2019
C.Selva Priya ... Petitioner
Vs.
1.The Secretary,
Tamil Nadu Public Service Commission (TNPSC),
TNPSC Road, Chennai-1.
2.The Principle Secretary to the Government,
The Revenue Department,
St.George Fort, Chennai-9.
3.B.Ganesh ... Respondents
(R3 is impleaded vide Court order dated 26.02.2019 in W.M.P.(MD)
No.3461 of 2019 in W.P.(MD)No.2682 of 2019)
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the first respondent by their proceedings in Memorandum No.
7879/OTD-C1/2013 dated 01.02.2019 for the post of Deputy Collector
MBC/DC and consequently direct the first respondent to conduct
counselling to the post of Deputy Collector in MBC/DNC (Women)
vacancy.
1/17
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W.P.(MD)No.2682 of 2019
For Petitioner : Mr.S.Mohamed Imran,
for M/s.Ajmal Associates
For R1 : Mr.J.Anandha Kumar
For R2 : Mr.G.V.Vairam Santhosh,
Additional Government Pleader.
For R3 : Mr.R.Rajasekar,
for M/s.T.Lajapathi Roy.
ORDER
Under assail is the proceedings dated 01.02.2019 issued by the
first respondent and consequently direct the first respondent to conduct
counselling to the post of Deputy Collector in MBC/DNC (Women)
vacancy.
2.The case of the petitioner is that TNPSC announced notification
dated 10.05.2015 for the post included in combined Civil Services-I
(Group-I Services 2014 and 2015). She was participated in the written
examination and interview conducted by the first respondent. Thereafter,
the first respondent allotment of the posts through counselling following
the rules of reservation. She belongs to DNC (Women) and her rank as
per the list is 16th with the total marks of 617. She was allotted during
counselling the post of Assistant Commissioner of Commercial Taxes
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and thereafter, the Government approved her appointment and posted as
Assistant Commissioner of Commercial Taxes and she joined duty on
09.11.2017 and now she is working at Tuticorin. One Mr.Sathishkumar
has obtained 642 marks and his rank is 7th rank and he was allotted
during counselling post of Deputy Collector in MBC (General Turn) and
he is relinquished his selection even before taking up the post of Deputy
Collector. The 7th rank is vacant from 2017 onwards and the next person
available in the seniority list is automatically eligible for the place of 7th
rank. Further, if 8th rank person is accommodated in the place of 7th rank,
the 8th women (MBC) quota is automatically vacant. As per the seniority
list, she is the next available person. The first respondent called for
counselling on 07.02.2019 and the vacancy was mentioned in the
counselling to the post of Deputy Collector (MBC/DC)(G) of one
vacancy. But the post mentioned in the counselling itself is not correct.
Originally, the post is vacant from 2017 onwards. The first respondent
issued a notice of counselling dated 01.02.2019 is illegal. She has
submitted a representation dated 06.12.2017 and requested to recast the
selection list and allot the post of Deputy Collector MBC/DC Women
arising due to the moving up M/s.Soundariya (8th Rank) to occupy
MBC/DC (G). She has received order impugned dated 01.02.2019 on
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02.02.2019. After receiving the counselling notice, immediately she sent
a detailed representation to the first respondent on 04.02.2019 through
mail as well as registered post. The first respondent has not passed any
orders with regard to her representation dated 04.02.2019.
3.The learned counsel appearing for the petitioner would submit
that the petitioner belongs to DNC (Women) and she secured total marks
617 in 16th rank. One Mr.Sathishkumar has obtained 642 marks in 7th
rank and he was allotted during counselling post of Deputy Collector in
MBC general turn and he was relinquished selection even before taking
up the post of Deputy Collector. He would submit that the 7th rank is
vacant from 2017 onwards and the next immediate person available in
the seniority list is automatically eligible in the place of 7th rank. Further,
if 8th rank person is accommodated in the place of 7th rank, the 8th women
(MBC) quota is automatically vacant. As per the seniority list, she is the
next available person in the reservation quota and her rank is 16 as per
seniority list. Without considering the above aspects, the first respondent
called for counselling to the post of Deputy Collector (MBC/DC)(G) is
illegal and violating the provisions of law. He would submit that the
petitioner sent a detailed representation dated 04.02.2019 to the first
respondent and the same is still pending.
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4.The learned Standing Counsel appearing for the first respondent
would submit that one Mr.Sathishkumar in rank No.7 is one among the
candidates who was selected provisionally for the post of Deputy
Collector under MBC/DC(G) category, but, had not joined duty in the
said post. Hence, vacancy arose in MBC/DC(G) category. In order to
fill up the said vacancy, second phase of counselling was conducted on
07.02.2019. He would submit that one Soundarya, rank No.8 was
already selected for the post of Deputy Collector MBC/DC(W) category
and hence, she was not called for the second phase of counselling held
on 07.02.2019 for the post of Deputy Collector for the same recruitment.
He would submit that once a turn is filled by merit, it is construed that
the selection process for that particular turn had been completed and in
the event of the candidate's failure to join duty, the said turn is deemed to
lapse. Therefore, question of making selection for the same turn does not
arise.
5.The learned Senior Counsel appearing for the third respondent
would submit that as per rule of reservation and existing norms, the third
respondent is meritorious person who has secured higher marks than the
petitioner and therefore, the he has been selected provisionally to the
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post of Deputy Collector, which arose due to relinquishment of
Mr.Sathishkumar. The first respondent has issued provisional selection
order vide memorandum dated 07.02.2019 in favour of the third
respondent. Despite the selection, he was not yet posted as Deputy
Collector due to the interim order granted in this writ petition. The writ
petitioner under misconception has stated in her affidavit in paragraph
No.4. Once the MBC Woman vacant post is filled up, then the same
cannot be disturbed by way of moving the MBC woman to General
category as stated by the writ petitioner. The benefits of women
reservation and the difference between horizontal and vertical
reservation has been clearly explained by the Hon'ble First Division
Bench of this Hon'ble Court in W.P.No.6201 of 2013, etc Batch dated
07.09.2022. The learned Senior Counsel has also relied upon the
judgment of the Hon'ble Supreme Court reported in (2007) 8 SCC 785 in
a case of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission
and Ors to show that method of implementing vertical (Social)
reservation and horizontal (Special) reservation, in connection with
women candidates.
6.This Court has considered the submissions made on either side
and perused the available records.
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7.It is seen from the records that on 26.02.2019 this Court issued
an interim order stating that further proceedings shall be kept in
abeyance till 14.03.2019. Thereafter, the said interim order was
extended periodically.
8.The first respondent/Tamil Nadu Public Service Commission had
issued a notification to the selection of candidates for appointment by
direct recruitment to the posts included Group-I services-2013-2014 &
2014-2015 against 74 vacancies. In notification No.09/2015 dated
10.07.2015 in Serial No.2-Distribution of Vacancids-vacancies will be
filled in as follows according to rule of reservation of appointments:-
(For the post of Deputy Collector alone extracted hereunder)
S.No Name of the G G B M M M M S SC S S Total
post T( T C( B B B B C( (W C( C(
PS ( M C/ C/ C/ C/ G ) PS W
T W B ) D D D D ) T )
M) ) C( (P C( C( C C( M (P
G (P P B ST G) PS ( O ) S
T G S B S C( M T W rt T
( T( T B C( T M) ) M) ) ho M
G W M C( W M (G ) )
) ) ) G) ) ) )
1. Deputy 3 1 1 - 3 1 1 1 - 2 - 1 1 2 - 1 1 19
Collector
It is not in dispute that the petitioner one among the candidates, who was
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selected provisionally to the post of Assistant Commissioner of
Commercial Taxes in the above recruitment. Among 19 vacancies
invited for the post of Deputy Collector in the above said recruitment, 2
vacancies were earmarked to MBC/DC(G), one vacancy was earmarked
for MBC/DC (Women) and one vacancy was earmarked for
MBC/DC(Ortho).
9.The learned Standing Counsel appearing for the first respondent
draws attention of this Court to the counter filed by the first respondent
wherein it has been stated that the candidates were called for counselling
as per their rank order. The Deputy Collector posts were filled up in
phase-1 counselling based on the option of the candidates. The details
are mentioned in paragraph No.7 of the counter is extracted hereunder:-
S.No. Vacancy Name of the Rank No. and
candidate Mark
Thiru/Tmt/Selvi.
1. MBC/DC(G)(1/2) P.Jagatheeswaran 6 & 643.50
2. MBC/DC(G)(2/2) E.Satheeskumar 7 & 642.00
3. MBC/DC(W)(1/1) R.Soundarya 8 & 640.50
4. MBC/DC(Ortho)(1/1) M.Muthulaluvan 140 & 449.50
10.It is not in dispute that Mr.Sathishkumar, (rank No.7, mark 642)
is one among the candidates who was selected provisionally for the post
of Deputy Collector under MBC/DC(G) category. But, he had not joined
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duty in the said post. Hence, vacancy arose in MBC/DC(G) category. In
order to fill up the said vacancy, second phase counselling has been
called for. In paragraph Nos.9 & 11 of the counter filed by the first
respondent read as follows:-
9.Since Tmt/Selvi R.Soundarya (Rank No.8,
Mark640.50) was already selected for the post of Deputy
Collector under MBC/DC (W) category, hence, she was not
called for the second phase of counselling held on 07.02.2019
for the post of Deputy Collector (MBC/DC(G) category) for
the same recruitment.
10. ...
11.Therefore, the list of candidates called for the
second phase of counselling to the post of Deputy Collector
against MBC/DC(G) which was held on 07.02.2019 is
furnished below:-
List of next eligible 5 candidates available in the
Ranking List under MBC/DC (G) category
Reg.No. Name of the
S.No. Rank No. Mark candidate
Thiru/Tmt/Selvi.
1 15 623.50 001012125 Ganesh.B
2 16 617.00 001034278 Selva Priya.C
3 17 615.00 001069057 Ravi Abi Raam.R
4 32 601.00 001059063 Karthikeyan.A
5 39 597.00 001081096 Nappinnai.K
11.At this juncture, it is relevant to refer Section 27(f) of the Tamil
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Nadu Government Servants (Conditions of Service)Act, 2016, which
reads as follows:-
27(f).If qualified and suitable candidates belonging to
any of the Backward Classes, Backward Class Muslims
including the Most Backward Classes and Denotified
Communities are not available for selection for appointment
by recruitment by transfer or by promotion in the turns
allotted to them, the turns so allotted shall lapse and the
selection for appointment for the vacancies shall be made by
the next turn in the order of rotation:
Provided that if qualified and suitable candidates
belonging to any of the Scheduled Castes and Scheduled
Tribes are not available for selection for appointment by
recruitment by transfer or by promotion in the turns allotted
to them in the cycle, the turns so allotted to them shall not
lapse and the number of candidates to be selected in that
recruitment shall be reduced by the number of candidates
belonging to Scheduled Castes and Scheduled Tribes not
available for selection against the turn allotted to them. The
unfilled vacancies reserved for the Scheduled Castes and
Scheduled Tribes to be filled by recruitment by transfer or by
promotion shall be carried over to four consecutive
recruitment years, namely, year of recruitment plus three
subsequent recruitment years. The selection for appointment
to the vacancies in the next recruitment shall be made first
for the carried over turns and then the normal rotation shall
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be followed. If qualified and suitable candidates belonging to
any of the Scheduled Castes and Scheduled Tribes are not
available for selection for appointment by recruitment by
transfer or by promotion even thereafter, the vacancies
reserved for those categories shall first be dereserved by
obtaining the orders of the Government before filling them by
candidates in the next turn in the order of rotation:
Provided further that the normal number of vacancies
reserved for the candidates belonging to the Scheduled
Castes and Scheduled Tribes and the carried forward
vacancies as specified in the first proviso shall not exceed
fifty per cent of the total number of vacancies for a particular
recruitment. If there be two vacancies only, one of them shall
be treated as a reserved vacancy. If there be one vacancy
only, it shall be treated as unreserved. The surplus of the fifty
per cent shall be carried forward to the subsequent
recruitment, subject to the condition that the vacancies
carried forward do not become time barred due to their
continued existence for more than three years. Selection for
appointment to the earliest carried forward vacancies shall
be made first:
Provided also that in the case of selection for
appointment by direct recruitment, with effect on and from
the 1st April 1989, there shall be a ban on dereservation of
vacancies reserved for the candidates belonging to any of the
Scheduled Castes and Scheduled Tribes, Most Backward
Classes and Denotified Communities to be appointed by
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direct recruitment. But, the above ban on dereservation of
vacancies shall not be applicable to the vacancies reserved
for the Backward Classes (other than Most Backward Classes
and Denotified Communities), Backward Class Muslims and,
therefore, if qualified and suitable candidates belonging to
any of the Backward Classes (other than Most Backward
Classes and Denotified Communities), Backward Class
Muslims are not available for appointment, the turn so
allotted to them shall lapse and the vacancy shall be filled by
the next turn in the order of rotation. If sufficient number of
qualified and suitable candidates belonging to any of the
Scheduled Castes and Scheduled Tribes, Most Backward
Classes and Denotified Communities are not available for
selection for appointment for the vacancies reserved for them
by direct recruitment in the first attempt of recruitment, then,
a second attempt shall be made for selection of the
candidates belonging to the respective communities by direct
recruitment in the same recruitment year or as early as
possible before the next direct recruitment for selection of
candidates against such vacancies. If the required number of
candidates belonging to such communities are not available
even then, the vacancies for which selection could not be
made shall remain unfilled until the next recruitment year
treating them as “backlog” vacancies. In the subsequent
year, when direct recruitment is made for the vacancies of
that year, namely, the current vacancies, the “backlog”
vacancies shall also be announced for direct recruitment,
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keeping the vacancies of the particular recruitment year,
namely, the current year vacancies and the “backlog”
vacancies as two distinct groups as illustrated in Schedule-
IX. The selection for appointment for the next direct
recruitment shall be made first for the “backlog” vacancies
and then the normal rotation shall be followed:
Provided also that, in exceptional cases, for posts in
Groups A and B for which suitable candidates belonging to
the Scheduled Castes, Scheduled Tribes, Most Backward
Classes or Denotified Communities are not available against
the respective reserved vacancies and the non-filling up of
posts causes hardship for running the administration, the
Government may grant exemption from carrying forward of
such vacancies and the procedure therefor shall be as
specified in Schedule-IX:
Provided also that when a candidate selected for
appointment against a vacancy for Scheduled Castes,
Scheduled Tribes, Most Backward Classes / Denotified
Communities, Backward Classes, Backward Class Muslims
or General Turn, does not join duty in the post for which he
is appointed or his provisional selection for that post is
cancelled for any reason, a candidate in his place shall be
appointed from the respective category and in accordance
with the ranking from the reserve list:
Provided also that the candidates appointed from the
reserve list shall be placed below all the candidates
appointed from the regular list in the same order in which the
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vacancies have arisen:
Provided also that the reserve list shall be operated
even against the vacancies caused due to the fact that the
candidates have joined duty, but left thereafter while the
reserve list is in force.
12.It is pertinent to mention that once the turn is filled by merit, it
is construed that the selection process for the particular turn had been
completed and in the event of candidate's failure to join duty, the said
turn deemed to lapse. Therefore, the question of making selection for the
said turn does not arise. The Hon'ble First Division Bench has clearly
explains the difference between horizontal and vertical reservation vide
common order dated 07.09.2022 (cited supra), in paragraph No.41,
which is reads as follows:
“41.The difference between horizontal and vertical
reservation is that while arranging horizontal reservation,
there would be counting of heads finding place in the list of
vertical reservation and even in the list of Open Category,
if it pertains to reservation for female open category, while
it would be not so for giving vertical reservation”.
13.It is also pertinent to mention that a candidate from ranking
list for that particular category viz., BC/MBC/DC/SC/ST is selected and
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he/she is placed below the last selected candidate as per Section 27(f) of
the Tamil Nadu Government Servants (Conditions of Service)Act, 2016.
There is no rule provided in the said act to recast the selection list /
seniority list of the candidates selected by the Commission. Similarly,
there is no provision in the said Act to rearrange the selection list already
drawn as and when candidates are selected supplementally from the
ranking list by way of counselling. It is pertinent to mention that the
intention of the rules is not to disturb the selection list once drawn as per
the rule of reservation and arranged in the order in which appointments
are to be made as provided under the rule of reservation of appointments.
14.In view of the above discussions, this Court is of the view that
there is no merits in this writ petition and the same is liable to be
dismissed. Accordingly, this writ petition is dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
22.04.2025
NCC : Yes / No
Index : Yes / No
gns
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To
1.The Secretary,
Tamil Nadu Public Service Commission (TNPSC),
TNPSC Road, Chennai-1.
2.The Principle Secretary to the Government,
The Revenue Department,
St.George Fort, Chennai-9.
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M.JOTHIRAMAN, J.
gns
22.04.2025
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