The central legal point established in the judgment is the importance of following the prescribed roster for filling vacancies and the inapplicability of a revised roster to vacancies that arose prior to its introduction.

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.

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 26. 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 17. 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 19. 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 210. 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 19. 2007 and the vacancies arising on and from 19. 2009 shall be filled up as per the 200 point roaster and all selections for appointment against such vacancies on or after 19. 2007 to be started afresh from serial number one of the 200 point roster with effect on and from the said date (19. 2007).

.7. Though in the present case, the vacancies were of earlier period, viz. 26. 2007, names from the Employment Exchange were called for as back as 17. 2007 and the Employment Exchange, in its turn, has forwarded the names on 17. 2007, i.e. prior to 19. 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. 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 210. 2007 and G.O.Rt.No.20 dated 12. 2008, names were called for by the District Judge, Nagapattinam, by D.No.1813 dated 13. 2008, fol