[Cites 2, Cited by 0]
Madras High Court
The State Of Tamil Nadu vs S.Thiruppathi on 11 March, 2026
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.A.(MD)NO.1164 OF 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.03.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE R.POORNIMA
W.A.(MD)No.1164 of 2023
and
C.M.P.(MD)No.8895 of 2023
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
Public Health and Family Welfare Department,
Secretariat, Chennai.
2. The Director of Public Health and Preventive Medicine,
No.359, Anna Salai,
Chennai – 6.
3. The Director of Employment and Training,
Guindy, Chennai -32. ... Appellants / Respondents
Vs.
S.Thiruppathi ... Respondent / Petitioner
Prayer: Writ appeal filed under Clause 15 of the Letters Patent
Act, to set aside the order dated 31.03.2022 passed in W.P.(MD)
No.8997 of 2016 on the file of this Court and allow this writ appeal.
For Appellants : Mr.S.Shaji Bino,
Special Government Pleader.
For Respondent : Mr.T.Thirumurugan
***
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2 W.A.(MD)NO.1164 OF 2023
JUDGMENT
(By G.R.SWAMINATHAN, J.)
Heard both sides.
2. The State has filed this writ appeal questioning the order
dated 31.03.2022 passed by the learned single Judge allowing W.P.
(MD)No.8997 of 2016 filed by one Thiruppathi, respondent herein.
3. Thiruppathi belongs to Arunthathiyar community. In the
year 2009, the Health Department of the Government of Tamil Nadu
launched a special drive to fill up as many as 55 vacancies in the post
of Health Inspector. No public notification was issued calling for
applications from eligible candidates. The department chose to fill up
the vacancies by calling upon the Director of Employment and
Training, Guindy, Chennai to sponsor the list of eligible candidates.
Thiruppathi had enrolled himself with the Director of Employment
and Training, Guindy, Chennai on 12.08.2004 itself. However, in
response to the requisition made by the Health Department, the
Director of Employment and Training, Guindy, Chennai failed to
sponsor the candidature of Thiruppathi. The petitioner became
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aware of the same in the year 2010 by which time the selection
process had been completed. He filed W.P.(MD)No.28723 of 2010 for
directing the authorities to consider his case in terms of G.O(D)
No.305 Health and Family welfare Department, dated 22.09.2009.
The writ petition was disposed of on 20.12.2010 and that the
authorities are directed to consider his representation. Pursuant to
the said direction, the Director of Public Health and Preventive
Medicine, Chennai sent the communication dated 03.09.2011
informing him that his name was not sponsored by the Employment
Exchange as he had not reached the requisite seniority. Since
Thiruppathi kept on representing the authorities, he was once again
visited with note of rejection vide communication dated 05.02.2016.
On this occasion, Thiruppathi was informed that the authorities did
not propose to earmark any reservation for Arunthathiyar
community. Challenging both the rejection orders, Thiruppathi filed
W.P.(MD)No.8997 of 2016. The learned single Judge allowed the writ
petition in the following terms:-
“7. The petitioner has also filed a re-joinder
denying the allegation as stated in the counter
affidavit. It is seen from the selection that the
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respondents have not issued any paper publication
for the selection and the selection was considered
in the year 2014. Any recruitment process ought to
be followed by taking the names from the
Employment Exchange and also paper publication
ought to be issued as per the judgment rendered by
the Supreme Court in Excise Superintendent
Malkapatnam, Krishna District A.P. Vs. K.B.N.
Visweshwara Rao reported in (1996) 6 SCC 216
and in Union of India Vs. Hargopal reported in
(1987) 3 SCC 308 . Admittedly, the respondents
have not issued any paper publication at all. It is
also seen from the records that there is no written
examination. However, there is an interview and
based on the interview marks, the respondents
have stated that the candidates were selected.
8. It is seen from the records that the
respondents have appointed 16 persons and
subsequently, their appointments were cancelled. It
is submitted that the said 16 persons approached
the High Court at Principal Bench and this Court
has given the favorable order to the said 16 persons
and they have been appointed in the said post.
9. The contention of the petitioner is that the
juniors to the petitioner as per employment
seniority have been selected i.e., the name in Serial
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Nos. 2,5,6 and 37 are juniors to the petitioner and
hence, the respondents have erred in giving the
proper seniority list and hence the petitioner is
entitled to the relief. The said error has caused the
petitioner’s valuable right.
10. Therefore, this Court is of the considered
opinion that the petitioner is entitled to be
appointed. The respondents are directed to grant
one post and appoint the petitioner. The said
exercise shall be completed within a period of four
weeks from the date of receipt of a copy of this
order. It is made clear that this judgment cannot be
shown as precedent for any other candidates.
11. The third respondent is liable to pay cost
for the error committed, however, the learned
Government Pleader prayed not to impose the cost.
Therefore, this Court warns the third respondent
that in future the 3rd respondent shall not commit
such error.”
Assailing the same, this writ appeal has been filed.
4. The learned Special Government Pleader appearing for the
appellants reiterated all the contentions set out in the grounds of
appeal and called upon this Court to set aside the impugned order
and dismiss the writ petition.
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5. Per contra, the learned counsel appearing for the writ
petitioner submitted that the learned single Judge rightly granted the
relief and interference is not warranted.
6. We carefully considered the rival contentions and went
through the materials on record.
7. Admittedly, the Government of Tamil Nadu passed Act No. 4
of 2009 providing 3% internal reservation for the members of
Arunthathiyar community. This Act came into force on 12.03.2009.
The recruitment for the post of Health Inspector took place in
September, 2009. Thus, the authorities were obliged to have
implemented the internal reservation for Arunthathiyar community.
Though the said reservation was termed as horizontal reservation on
preferential basis, in essence, it was earmarked for Arunthathiyar
community. That is how, 2, 32 and 66 are the roster points for the
first rotation. The roster points were earmarked again as 2, 32 and
66. In the case on hand, 55 vacancies were filled up. It was first
rotation. Therefore, two posts should have been eligible for
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Arunthathiyar candidiates. Two candidates should have been
appointed for one community. However, one Balachandran only was
appointed. That is why, the learned single Judge rightly granted the
relief to the writ petitioner. In fact, on account of the lapse committed
by the Director of Employment and Training, Guindy, Chennai in the
year 2009, the writ petitioner had lost 17 valuable years of service.
This clock cannot be put back. We are of the view that atleast at this
point of time, the Government of Tamil Nadu ought not to have filed
this writ appeal at all thereby prolonging the writ petitioner's agony.
Even while dismissing the writ appeal filed by the State, we direct the
appellants to appoint the writ petitioner Thiruppathi to the post of
Health Inspector within a period of four weeks from the date of
receipt of a copy of this order. With the above direction, this writ
appeal stands dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.)
11th March 2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
PMU
Note : Issue order copy on 13.03.2026.
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G.R.SWAMINATHAN, J.
AND
R.POORNIMA, J.
PMU
11.03.2026
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