S.J. Mukhopadhaya, J.

1. The petitioner applied for appointment to the post of Civil Judge (Junior Division) in the Tamil Nadu State Judicial Service, conducted by the Tamil Nadu Public Service Commission (for short, the TNPSC), pursuant to the Notification No.164, dated 5. 2008 issued by the TNPSC. Having not come out successful for appointment to the said post, he preferred the present Writ Petition to treat him as a Backward Class Community candidate for appointment to the said post.

2. The grievance of the petitioner is that though he applied for appointment to the post of Civil Judge (Junior Division) pursuant to the said Notification dated 5. 2008 as a Backward Class Community category candidate and obtained fairly good marks in the written test held on 2/8. 2008 and persons having scored marks lower than him, have been appointed against the post reserved for the Backward Class community candidate, but the petitioner has not been declared as a successful candidate for appointment to the said post.

3. The stand taken by the first respondent-TNPSC is that the petitioner, in Column No.7 of his OMR Application Form, claimed that he belonged to Backward Class and had s