IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.4.2010 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.Nos.1092 to 1096 of 2010 K.Ramesh .. Petitioner in WP:1092/2010 P.Murugesan .. Petitioner in WP:1093/2010 C.Karuppannan .. Petitioner in WP:1094/2010 A.Periasamy .. Petitioner in WP:1095/2010 M.Muthuraman .. Petitioner in WP:1096/2010 Vs. 1. The Secretary Tamil Nadu Public Service Commission Omanthoorar Government Estate Anna Salai, Chennai – 600 002. 2. The State of Tamil Nadu rep. by its Secretary Tamil Nadu Animal Husbandry Department Fort St.George, Chennai – 600 009. 3. The Controller of Examination Tamil Nadu Public Service Commission Omanthoorar Government Estate Anna Salai, Chennai – 600 002. .. Respondents in all the Wps Prayer: Petitions under Article 226 of the Constitution of India for issue of writ of Mandamus to direct the respondents to implement G.O.Ms.No.50, Adi Dravidar and Tribal Welfare (TD-2) Department, dated 29.4.2009 insofar as it relates to the appointment of the post of Veterinary Assistant Surgeon and Junior Veterinary Assistant Surgeon and consequently appoint the petitioners in the post of Veterinary Assistant Surgeon and Junior https://hcservices.ecourts.gov.in/hcservices/ Veterinary Assistant Surgeon by applying the above said G.O.Ms.No.50, dated 29.4.2009 and G.O.Ms.No.65, Personnel and Administrative Reforms Department, dated 27.5.2009. For Petitioners: Mr.A.S.Baalaji For Respondents: Ms.C.N.G.Niraimathi for respondents 1 and 3 Mr.N.Senthil Kumar Additional Government Pleader for 2nd respondent ORDER The petitioners have sought for a direction to implement the government order in G.O.Ms.No.50, Adi Dravidar and Tribal Welfare (TD-2) Department, dated 29.4.2009 insofar as it relates to the appointment to the post of Veterinary Assistant Surgeon and Junior Veterinary Assistant Surgeon and consequently appoint the petitioners in the respective posts by applying the above said G.O.Ms.No.50, dated 29.4.2009 and G.O.Ms.No.65, Personnel and Administrative Reforms Department, dated 27.5.2009. 2. Notice of motion was ordered in these writ petitions on 22.7.2010. On notice from this Court, the first respondent/Tamil Nadu Public Service Commission (for short, "the TNPSC") has filed a counter affidavit dated 8.3.2010. 3.1. It is seen from the counter affidavit that a notification was issued on 25.2.2009 inviting applications for filling up 59 vacancies in the post of Veterinary Assistant Surgeon (VAS) in the Tamil Nadu Animal Husbandry Service for the year 2007-2008 by direct recruitment. A supplementary notification was also issued on 28.2.2009 inviting applications for filling up 444 vacancies in the post of Junior Veterinary Assistant Surgeon (JVAS) in the Tamil Nadu Animal Husbandry Subordinate Service for the year 2009 by direct recruitment. 3.2. The selection was to be made by the method of written examination followed by oral test. While the written examination was held on 31.5.2009, the oral test was held from 3.11.2009 to 11.11.2009. The marks obtained in both the tests were displayed in the Commission's notice board and were also put up in the Commission's website. Thereafter, the selection list was drawn. In paragraph [4] of the counter affidavit, the marks obtained by the petitioners and their relative position in the list is set out as follows: https://hcservices.ecourts.gov.in/hcservices/ Sl.N o Name of the Writ Petitioner Register No. Marks Obtained Writte n Oral Total Marks Position 1 M.Muthuraman 00102211 192.00 27 219.00 Placed in the RL for the post of JVAS 2 K.Ramesh 01701216 148.50 30 178.50 3 P.Murugesan 01701264 207.00 21 228.00 Placed in the RL for the post of JVAS 4 C.Karuppannan 01701378 171.00 27 198.00 5 A.Periasamy 01701316 166.50 30 196.50 3.3. According to the TNPSC, the petitioners have not scored the cut-off mark prescribed for the communal rosters and therefore, they were not selected. With reference to the application of 3% internal reservation earmarked by G.O.Ms.No.50, Adi Dravidar and Tribal Welfare (TD-2) Department, dated 29.4.2009, it is stated that the same cannot have any retrospective application and it will apply only pursuant to the directive of the Public and Administrative Reforms Department of the Government vide letter dated 24.6.2009. In that letter, the Government had stated that the internal reservation will be applicable in respect of vacancies which are notified on or after 29.4.2009. Therefore, this will not apply to the earlier notification issued on 25.2.2009, followed by the clarification dated 28.2.2009. 4. However, the learned counsel for the petitioners contended that the issue raised herein is squarely covered by a judgment of this Court dated 8.12.2009 made in W.P.No.12552 of 2009 and batch cases (N.Sathya and others v. The Chairman, Teachers Recruitment Board, Chennai). 5. In that case, this Court considered the recruitment for the post of Teachers and two recruitments were clubbed together, one for the year 2007-2008 and another, the subsequent notification issued by the Government in G.O.Ms.No.145, School Education Department, dated 29.6.2009 calling for recruitment to 1943 vacancies of Secondary Grade Teachers by the Teachers Recruitment Board. In that context, this Court held that though the reservation has been made in terms of the State enactment, since there was no directive issued under Section 14 of the Tamil Nadu Arunthathiyars (Special Reservation of Seats in Educational Institutions including Private Educational Institutions and of Appointments or Posts in the services under the State within the Reservation for the Schedule Castes) Act, 2009, the government letter was considered as a directive under the Act and a further https://hcservices.ecourts.gov.in/hcservices/ direction was given to include internal reservation in respect of the subsequently notified vacancies. This will be made clear from a reading of the following passage found in paragraphs [27] and [28]: "27. In the present case, the Act is only providing a percentage within the outer limit prescribed for Schedule Caste community. Consequently the Government's clarification can be considered to be a direction issued under Section 14 of the Act. Though the first two decisions did not support the case of the petitioners, the third decision in Uttar Pradesh Public Service Commission v. Satya Narayan Sheohare and others, [2009] 5 SCC 473 help the case of the petitioners. 28. In view of the fact that the selection process were not over and the stand of the Government is also that the internal reservation giving preference to Arunthathiyar Community will also be counted in the existing selection, pursuant to G.O.Ms.No.145, dated 29.6.2009. Hence the prayer of the petitioners must succeed. Therefore, W.P.Nos.12552, 10336 and 10337 of 2009 will stand allowed to the extent indicated above, but cannot go to the selection held for the year 2007- 2008." 6. Therefore, the contention of the petitioners is misconceived, because the government directive does not apply to vacancies which are already notified before the government letter and it will apply only to the vacancies after the letter was issued. In the present case, admittedly, all the vacancies have been notified before the government directive, therefore, the reliance placed upon the order passed by this Court is misconceived. In the absence of any other enforceable right, these writ petitions stand dismissed. No costs. Consequently, M.P.No.1 of 2010 in W.P.No.1092 of 2010, M.P.No.1 of 2010 in W.P.No.1093 of 2010, M.P.No.1 of 2010 in W.P.No.1094 of 2010, M.P.No.1 of 2010 in W.P.No.1095 of 2010 and M.P.No.1 of 2010 in W.P.No.1096 of 2010 are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. sasi https://hcservices.ecourts.gov.in/hcservices/ To: 1. The Secretary State of Tamil Nadu Tamil Nadu Animal Husbandry Department Fort St.George, Chennai – 600 009. 2. The Secretary Tamilnadu Public Service Commission Omanthoorar Government Estate, Chennai-2 3. The Controller of Examination Tamil Nadu Public Service Commission Anna Salai, Chennai – 600 002. 1 cc to Government Pleader, Sr. 29312 2 ccs to Mr.A.S. Baalaji, Advocate, SR. 29117 W.P.Nos.1092 to 1096 of 2010 VSN (CO) kk 7/5 https://hcservices.ecourts.gov.in/hcservices/