IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.7.2009 CORAM: THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HONOURABLE MR.JUSTICE RAJA ELANGO Writ Appeal No.1291 of 1998 Pondicherry Engineering College SC/ST Employees Welfare Association, rep. by its Secretary, T.Ramanathan ..Appellant vs. 1. The Union Territory of Pondicherry, rep. by the Secretary to Government, Education Department, Chief Secretariat, Pondicherry-605 001. 2. The Principal, Pondicherry Engineering College, Pillaichavadi, Pondicherry-605 014. ..Respondents Writ Appeal against the order dated 18.9.1998 passed by the learned single Judge in Writ Petition No.7888 of 1998 filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in the impugned Notification No.PEC/E4/Recruit (T)/97-98 dated 12.02.1998 passed by the Principal, Pondicherry Engineering College, Pillaichavadi, Pondicherry-605 014 second respondent herein and quash the same and direct the respondents to apply the rule of reservation and to direct the respondents to appoint the petitioner Association Members as Assistant Professors. For Appellant : None For Respondents : Ms.N.Mala for G.P.(Pondicherry) https://hcservices.ecourts.gov.in/hcservices/ JUDGMENT (The Judgment of the Court was delivered by S.J.Mukhopadhaya,J) The Pondicherry Engineering College SC/ST Employees' Welfare Association challenges the Notification dated 12.2.1998 issued by Pondicherry Engineering College, Pondicherry, questioning the reservation of posts shown in the said Notification in the matter of appointment of the teaching post in different Engineering and other faculties. The learned single Judge having dismissed the Writ Petition, the present Writ Appeal has been preferred by the Association. 2. It will be evident that by Notification dated 12.2.1998, applications were invited for appointment to the post of Professor, Assistant Professor and Lecturer of Civil Engineering, Mechanical Engineering, Electronics and Communication Engineering, Computer Science and Engineering, Electrical and Electronics Engineering, etc. Out of 14 teaching posts, three posts were shown reserved for OBC, and two each for ST and for SC. The SC candidates were also allowed to apply against ST vacancy and vice-versa. 3. The main plea taken by the appellant-Association is that the Notification does not show as to which post was reserved for Professor or Assistant Professor or Lecturer and, thereby, the Notification is against the constitutional mandate of Article 16(4) of the Constitution of India. 4. We have perused the appeal which is pending since 1998 and the records and heard the learned counsel appearing for the Union Territory of Pondicherry. 5. From the impugned Notification, dated 12.2.1998, it will be evident that though the total reservation of posts has been shown, but it has not been shown as to which post of a particular faculty will be reserved for OBC or SC or ST candidates. Without clarifying the reservation for one or other cadre/sub-cadre posts, the totality of the reservation has been shown. 6. The stand taken by the appellant-writ petitioner-Association that the authorities ought to have informed as to which cadre/sub- cadre post(s) is reserved for one or other reserved category, appears to be justified and non-information of the same will render the selection illegal. However, in the present case, as we find that the appellant-Association has preferred the Writ Petition/Writ Appeal and not any individual, the Advertisement/Notification was published on 12.2.1998 and that now more than eleven years have passed, if any selection or appointment has been made pursuant to the said Advertisement/Notification, dated 12.2.1998, the appointees are not as party-respondent before this Court, we are not going to https://hcservices.ecourts.gov.in/hcservices/ deliberate on such issue at this belated stage. We hope and trust that in future, when the authorities publish any such Notification/Advertisement, calling for applications for appointment to different cadre/sub-cadre posts and that too, for different faculties, they must show category-wise reservation against each such cadre/sub-cadre posts of each faculty and not the gist or the totality of the reservation as shown in the present case. 7. The Writ Appeal stands disposed of with the aforesaid observations. No costs. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar cs To The Secretary to Government, Union Territory of Pondicherry, Education Department, Chief Secretariat, Pondicherry-605 001. + 1 c.c. to The Government Pleader. S.R.No.30344. Writ Appeal No.1291 of 1998 RSI (CO) GSK 21.07.2009. https://hcservices.ecourts.gov.in/hcservices/