IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:05.08.2011 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.20419 of 2004 Dr.G.Venkatesan ... Petitioner Vs. 1.The Vice Chancellor, Madras University, University Buildings, Chepauk, Chennai - 600 005. 2.The University of Madras, Rep. by its Registrar, University Building, Chepauk, Chennai - 600 005. 3.Dr.R.Jaganathan ... Respondents (R3-IMPLEADED AS PER ORDER.DT.04/08/2011 BY TRJ IN WPMP648/2009 IN WP 20419/2004) PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of mandamus forbearing the respondents herein from in any way proceeding further with the filling up of the posts of Professors, Readers and Lecturers in various Departments of the second respondent University. For Petitioner :Mr.S.Rajasekar For Respondents :Mr.Manisundar Gopal for R1 & R2 Mr.P.Ganesan for R3 ORDER The petitioner has filed the present writ petition seeking issuance of writ of mandamus forbearing the respondents herein from in any way proceeding further with the filling up of the posts of Professors, Readers and Lecturers in various Departments of the second respondent University, on the ground that the petitioner though belongs to backward community, is fully qualified to apply for the post of Lecturer in Tamil Literature and Language. https://hcservices.ecourts.gov.in/hcservices/ 2. Learned counsel appearing for the petitioner submitted that the petitioner is unable to apply for the post of Lecturer in Tamil Literature, as the same has been exclusively reserved for SC/ST. Therefore, he contended that the University of Madras has no jurisdiction to apply the rule of reservation when there is only one vacancy in a post, which is sought to be filled up. He further argued that no reservation can be made under Article 16(4) of the Constitution of India, so as to create a monopoly. In as much as if there is only one post in a cadre, there can be no reservation with reference to that post either for recruitment at the initial stage or for filling up a future vacancy in respect of that post. Since the reservation, according to him, which would come under Article 16(4), pre-supposes the availability of at least more than one post in that cadre, in the present case, it is seen from the advertisement that the respondent is going to fill up one post by applying the rule of reservation, therefore, he pleaded for a direction to the respondents as prayed for. 3. Per contra, learned counsel appearing for the respondents 1 and 2 submitted that the post of Lecturer in the department of Tamil Language has been notified for being filled up for the first time under the 100 point roster and hence, it would go to the General Turn. Similarly, out of the two sanctioned post in the cadre of Lecturer in the department of Tamil Literature, one post was already filled up in the year 2002 and it was filled up as General Turn and therefore, when the second post is filled up, naturally it would go to SC/ST candidate as per the communal roster and therefore, the method adopted by the University by reserving one post, for which the writ petition has been filed, is in conformity with the Rules of Reservation and is valid, and on that basis, he prayed for dismissal of the present writ petition. 4. Heard the learned counsel appearing on either side and perused the materials available on record. 5. The present writ petition has been filed on the premise that the cadre strength in respect of Madras University for Lecturer in the Department of Tamil Literature is only one post. But, the counter filed by the respondents shows that the department of Tamil Literature in the University of Madras has got two posts and for which, one post has already been filled up in the year 2002 and for the remaining post alone, the respondents have given an advertisement by applying the Rule of Reservation and therefore, this would obviously go to SC/ST candidate as per the communal roster, since they have already filled up one post from General Turn category in the year 2002. https://hcservices.ecourts.gov.in/hcservices/ 6. Further, though the learned counsel appearing for the petitioner placed reliance on a judgment of the Apex Court in the case of Indra Sawhney Vs. Union of India and others (AIR 1993 SCC 477) to argue that, for the purpose of applying the 50% rule of reservation, a year should be taken as a unit and not the entire strength of the cadre, service or the unit, as the case may be, the said argument does not merit consideration in the given case, since the petitioner himself has admitted in paragraph 4 of the affidavit filed in support of the writ petition that if there is only one post in a cadre, there can be no reservation with reference to that post either for recruitment at the initial stage or for filling up a future vacancy in respect of that post. Moreover, the respondents in their counter have clarified the entire controversies, stating that there are two sanctioned posts in the cadre of Lecturer in the department of Tamil Literature and out of the said two sanctioned posts, one post has already been filled up in the year 2002 by appointing a candidate from the General Turn and therefore, when the second post is going to be filled up, the same would be filled up as per the communal roster by reserving the second post to the SC/ST candidate. Hence, the stand of the respondents in reserving one post to SC/ST candidate, out of two posts, is in fine conformity with the Rule of Reservation. 7. In view of the said submission, this Court hardly finds any reason for consideration of the prayer in the writ petition. Accordingly, the writ petition is dismissed. No Costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. rkm To 1.The Vice Chancellor, Madras University, University Buildings, Chepauk, Chennai - 600 005. https://hcservices.ecourts.gov.in/hcservices/ 2.The University of Madras, Rep. by its Registrar, University Building, Chepauk, Chennai - 600 005. 1 cc to Mr.S.Rajasekar, Advocate, sr. 48464 1 cc to Mr. Manisundargopal, Advocate, Sr. 48206 W.P.No.20419/2004 RSI (CO) kk 23/8 https://hcservices.ecourts.gov.in/hcservices/