IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.11.2009 CORAM THE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HON'BLE MR.JUSTICE M.DURAISWAMY Writ Petition No.7933 of 2009 M.Kamaraj .. Petitioner Vs. 1. The District Judge Thiruvarur District Thiruvarur. 2. The District Employment Officer District Employment Office Thiruvarur. 3. N.Muruganandam 4. M.Ravichandran 5. The Registrar General High Court, Madras. .. Respondents (R5 impleaded as per the order dated 28.4.2009) ----- Petition under Article 226 of the Constitution of India praying for a writ of Declaration for the relief as stated therein. ----- For Petitioner : Mr.P.Rajaram For Respondent-1 : Mr.C.T.Mohan For Respondent-2 : Mr.D.Sreenivasan, Addl.G.P. For Respondents 3&4 : Mr.N.G.R.Prasad For M/s. Row & Reddy ----- O R D E R (Made by S.J.MUKHOPADHAYA,J.) This writ petition has been preferred by the petitioner for declaring the selection and appointment of third and fourth respondents as Xerox Operator in Thiruthuraipoondi Sub Court as illegal. https://hcservices.ecourts.gov.in/hcservices/ 2. As the case can be disposed of on a short point, it is not necessary to discuss all the facts, except the relevant one, as mentioned here under. 3. The Thiruthuraipoondi Sub Court was originally under the District Court, Nagapattinam. The State Government from its Home (Courts III) Department vide G.O.Ms.No.978 dated 27.6.2007 carved out and constituted District Sessions Court and Chief Judicial Magistrate Court at Thiruvarur, out of old Nagapattinam. The Government sanctioned the employment of staffs for different posts as mentioned in Annexures I and II, including two posts of Xerox Operator, one for the Sessions Court and another for Chief Judicial Magistrate Court. 4. For proper functioning of District Sessions Court and Chief Judicial Magistrate Court at Thiruvarur, the District Judge, Nagapattinam made a requisition to the District Employment Exchange, Thiruvarur, by D.No.6009 dated 18.7.2007 to forward a list of eligible persons for appointment to different posts like Junior Assistants, Steno-Typists etc., including two posts of Xerox Operators. The District Employment Officer, Thiruvarur, in his turn, by Order No.A3/X2/125/07 dated 14.9.2007 forwarded the list of different persons with instruction to fill up the posts within reasonable period and the procedure to be followed in the matter of such appointment. 5. The names of the petitioner and the third respondent, who belong to Scheduled Caste category, were forwarded by the District Employment Officer. However, the name of the fourth respondent was not forwarded, since he belongs to Backward Category (handicapped). As per the 100 point roster, as was prescribed in Schedule III to the General Rules for Tamil Nadu State and Subordinate Services, the posts of Xerox Operator have to be filled in by a member belonging to Scheduled Caste category. It appears that the selection was not made within a reasonable time. 6. After three months, the State Government issued G.O.Ms.No.241 dated 29.10.2007, from its Personnel and Administrative Reforms (K) Department. By the said order, the Government directed that the existing 100 point roster prescribed in Schedule III therein to the General Rules of Tamil Nadu State and Subordinate Services be revised into 200 point roster, as in the Annexure to the said Government Order, so as to provide reservation for Backward Class Christians and Backward Class Muslim at three and one-half percent and three and one-half percent respectively, within the thirty per cent reservation available for Backward Classes. The Government also directed that the above said 200 point roster will be given effect from 15.9.2007 and the vacancies arising on and from 15.9.2009 shall be filled up as per https://hcservices.ecourts.gov.in/hcservices/ the 200 point roaster and all selections for appointment against such vacancies on or after 15.9.2007 to be started afresh from serial number one of the 200 point roster with effect on and from the said date (15.9.2007). 7. Though in the present case, the vacancies were of earlier period, viz. 27.6.2007, names from the Employment Exchange were called for as back as 18.7.2007 and the Employment Exchange, in its turn, has forwarded the names on 14.7.2007, i.e. prior to 15.9.2007, the first respondent did not choose to make selection on the basis of previous 100 point roster, on the basis of the names forwarded by the Employment Exchange. 8. According to the first respondent, Personnel and Administrative Reforms Department of the State, issued G.O.Rt.No.20 dated 12.2.2008, whereby the method was prescribed to follow community wise 1:4 ratio between priority and non-priority category. In view of G.O.Ms.No.241 dated 29.10.2007 and G.O.Rt.No.20 dated 12.2.2008, names were called for by the District Judge, Nagapattinam, by D.No.1813 dated 18.3.2008, followed by D.No.4219 dated 22.7.2008, from the District Employment Officer, Thiruvarur. The District Employment Officer, Thiruvarur forwarded the names of respondents 3 and 4 and another on 19.8.2008, but the name of the petitioner was not forwarded, since he was not in the priority list. Therefore, the case of the petitioner was not considered, while the case of the others including respondents 3 and 4 were considered and they were selected. 9. The learned counsel appearing on behalf of respondents 3 and 4 submitted that the selection has already been made on 17.9.2008 and the respondents 3 and 4 have joined the duty on 20.9.2008. It was submitted that the respondents 3 and 4 having worked for more than a year, the Court should not set aside their appointment, though they have no objection in case of petitioner being considered in any other vacancy. 10. We have heard the learned counsel appearing on behalf of the parties and perused the records. 11. It is not in dispute that the posts of Xerox Operator and other posts were created on 27.6.2007 for the District Sessions Court and Chief Judicial Magistrate Court at Thiruvarur. The vacancies having arisen on the said date, the names having called for from Employment Exchange on 18.7.2007 and having received the list of names from the Employment Exchange on 14.9.2007, the first respondent should have proceeded with selection on the basis of 100 point roster as was prescribed. G.O.Ms.No.241 dated 29.10.2007, whereby the revised 200 point roster was introduced, providing reservation for the Backward Class Christians and Backward Class Muslims, should not have been given effect to the posts which fell https://hcservices.ecourts.gov.in/hcservices/ vacant prior to 15.9.2007. This will be evident from paragraph 3 of G.O.Ms.No.241 dated 29.10.2007 issued from Personnel and Administrative Reforms Department of the State and quoted here under. "3. In pursuance of the above ordinance, the Government direct that the existing 100 point roster prescribed in Schedule-III to the General Rules for Tamil Nadu State and Subordinate Services be revised into 200 point roster as in the Annexure to this Government order so as to provide reservation for the Backward Class Christians and the Backward Class Muslims at three and one-half percent and three and one-half percent respectively, within the thirty percent reservation available for Backward Classes. The Government also direct that the above 200 point roster shall be given effect from 15.9.2007 and the vacancies arising on and from the 15th September 2007 shall be filled up as per the 200 point roster and all selections for appointment shall be started afresh from serial number one of the 200 point roster with effect on and from the said date." 12. In that view of the matter, it was incumbent on the part of the first respondent to consider the case of the petitioner, whose name was forwarded on 14.9.2007, along with others for appointment to the post of Xerox Operator on the basis of 100 point roster prescribed as was invoked at that stage. Without following the said procedure and without considering the case of the petitioner, the first respondent having started fresh selection on the basis of G.O.Ms.No.241 dated 29.10.2007, which is not applicable for the vacancies which fell vacant prior to 15.9.2007, we hold that the selection of respondents 3 and 4 as illegal. 13. Accordingly, the first respondent is directed to fill up the posts of Xerox Operators, which were created by G.O.Ms.No.978 dated 27.6.2007, on the basis of the names were forwarded by the Employment Exchange on 14.9.2007. The case of only those whose names were forwarded on 14.9.2007, including the petitioner and the third respondent, can be considered for the post of Xerox Operator on the basis of 100 point roster, without taking into consideration G.O.Ms.No.241 dated 29.10.2007. The selection procedure has to be completed within a period of three months. In the meantime, respondents 3 and 4 may be allowed to continue till the regular appointment is made out of the said selection. So far as the fourth respondent is concerned, he being a physically handicapped, the first respondent may consider his case against any other vacancy, if any or if fall vacant in future. https://hcservices.ecourts.gov.in/hcservices/ The writ petition is allowed with the aforesaid observations and directions. There shall be no order as to costs. Consequently, M.P.No.1 of 2009 is closed. kpl Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The District Judge Thiruvarur District Thiruvarur. 2. The District Employment Officer District Employment Office Thiruvarur. 3. The Registrar General, High Court, Madras. + 1 cc to M/s. Row & Reddy, Advocate SR No.59646 AKR(CO) SR/16.11.2009 W.P.No.7933 of 2009. https://hcservices.ecourts.gov.in/hcservices/