SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(Mad) 84

HIGH COURT OF JUDICATURE AT MADRAS
S. NAGAMUTHU, J.
Ranjithkumar & Others
Versus
Secretary, Tamil Nadu Public Service Commission & Others
W.P. Nos. 23073 of 2012, 23074, 22624, 22625, 22526 to 22530, 23461, 23559, 23560, 23458 to 23460, 22938, 23626, 24044, 24686, 27499 and 27500 of 2012 and M.P. Nos.1 to 3, 4 & 6 of 2012
Decided On: 04-01-2013

Advocate Appeared:
For the Petitioners:K. Venkataramani, Senior Counsel for S. Sivakumar, M. Ravi, M.R. Jothimanian, Ms. Dakshayani Reddy, B. Soundarapandian, S. Ayyathurai, Advocates.
For the Respondents:A.L. Somayaji Senior Counsel for N.S. Nandakumar for TNPSC for, A. Navaneethakrishnan, Advocate General, M.K. Subramanian, Spl. Govt. Pleader [Forests], Assisted by M. Hidayadhulla-khan, Government Advocate [Forests], C. Selvaraj, Senior Counsel [Amicus Curiae].

The rule of reservation shall be applied only at the time of final selection and not at every stage of the selection process. The 200 point communal roster maintained as per the Tamil Nadu State and Subordinate Service Rules shall not be applied and instead, 100 point communal roster alone should be applied, that too, at the final selection and not for shortlisting the candidates for oral test.

Headnote:

The court held that the rule of reservation shall be applied only at the time of final selection and not at every stage of the selection process. The court also held that the 200 point communal roster maintained as per the Tamil Nadu State and Subordinate Service Rules shall not be applied and instead, 100 point communal roster alone should be applied, that too, at the final selection and not for shortlisting the candidates for oral test.

Fact of the Case:

The petitioners were applicants for the post of Forest Apprentice in the Tamil Nadu Forest Subordinate Services included in Group VI services. They were admitted for the written examination and subsequently called for physical test. The petitioners were not included in the list of candidates provisionally admitted for oral test. The petitioners challenged the provisional list for oral test.

Finding of the Court:

The court held that the rule of reservation shall be applied only at the time of final selection and not at every stage of the selection process. The court also held that the 200 point communal roster maintained as per the Tamil Nadu State and Subordinate Service Rules shall not be applied and instead, 100 point communal roster alone should be applied, that too, at the final selection and not for shortlisting the candidates for oral test.

Issues: 1. Whether the rule of reservation should be applied at every stage of the selection process or only at the time of final selection? 2. Whether the 200 point communal roster maintained as per the Tamil Nadu State and Subordinate Service Rules should be applied for shortlisting the candidates for oral test?

Ratio Decidendi: 1. The court held that the rule of reservation shall be applied only at the time of final selection and not at every stage of the selection process. The court relied on the judgments of the Hon'ble Supreme Court in Indra Sawhney Vs. Union of India, R.K.Sabharwal Vs. State of Punjab, Bimlesh Tanwar Vs. State of Haryana, and Rajesh Kumar Daria Vs. Rajasthan Public Service Commission. 2. The court held that the 200 point communal roster maintained as per the Tamil Nadu State and Subordinate Service Rules shall not be applied and instead, 100 point communal roster alone should be applied, that too, at the final selection and not for shortlisting the candidates for oral test. The court relied on the judgment of the Hon'ble Supreme Court in P.Mahendran v. State of Karnataka.

Final Decision: The court quashed the provisional lists of candidates admitted to oral test as published by the Tamil Nadu Public Service Commission and directed the Commission to apply the rule of reservation only for the final selection and not for short-listing the candidates for oral test. The court also directed the Commission to apply 100 point communal roster for the selection process in question and to treat the special reservations for Women and Tamil Medium candidates as horizontal reservations at the time of final selection.

JUDGMENT

1. Since, more or less, common grounds have been raised in all these Writ Petitions, they were heard together and they are disposed of by means of this Common Order.

2. The facts, which have given rise to these Writ Petitions, are as follows:-

The Tamil Nadu Public Service Commission [hereinafter referred to as ‘the respondent Commission’] issued notification/advertisement calling for applications for direct recruitment to the post of Forest Apprentice in the Tamil Nadu Forest Subordinate Services included in Group-IV services to the vacancies for the years 2006 - 2007, 2007 - 2008 and 2008 - 2009. The total number of vacancies are 80, including one carried forward vacancy for SC/ST. As per the notification, the distribution of vacancies will be as per the Rule of Reservation of appointments. The advertisement further states that in G.O.Ms.No.145, Personnel and Administrative Reforms (S) Department, dated 30.09.2010, the Government have issued orders to fill up 20% of all vacancies in direct recruitment on preferential basis to persons studied in Tamil Medium. It is further stated that a clarification, in this regard, is awaited from the Government, and hence, the distribution of vacancies is not announced. The candidates, who claim reservation with reference to orders issued in the above Government Order, should enclose evidence in support of their claim in a separate white sheet and applications submitted without evidence for PSTM [Persons Studied in Tamil Medium], will not be considered for the above said reservation. It is also stated that if no qualified and suitable women candidates are available for selection against the vacancies reserved for them, those vacancies will be filled by male candidates belonging to the respective communal categories. Reservation of appointment to "Destitute Widows", Ex-serviceman" and "Physically Handicapped" will not apply to this recruitment.

3. As per the said notification, the educational qualification prescribed is as follows [vide Clause 5(B) of the Notification]:-

“Candidates should possess the following or its equivalent qualifications on the date of this Notification (viz 24.11.2010)

(a) Must posses a Bachelor’s degree in Forestry or its equivalent degree of any recognized University

OR

(b) Must possess the Bachelor's Degree or its equivalent degree of any recognized University in any one of the following subjects:

1. Agriculture

2. Botany

3. Chemistry

4. Computer Applications/Computer Science

5. Engineering (Agriculture/ Chemical/ Civil/ Computer/ Electrical/ Electronics/ Mechanical)

6. Environmental Science

7. Geology

8. Horticulture

9. Mathematics

10. Physics

11. Statistics

12. Veterinary Science

13. Zoology

Provided that only if candidates with the qualifications referred to in item (a) are not available for selection, candidates with qualifications referred to in item (b) will be considered for selection.

[Emphasis supplied]

Note:

(1) The qualification prescribed for this post should have been obtained by passing the required degree course in the order of studies 10th, HSC, Bachelor’s degree.

(2) Persons claiming equivalence of qualification should enclose evidence for such claim failing which their application will be summarily rejected. For further details refer para-9 of the Instructions etc. to candidates.”

4. Clause 5(c) of the Notification prescribes Physical Qualifications which are as follows:-

For Men:

(i) Must not be less than 163 Cms in height

(ii) Must have a chest measurement of not less than 84 cms. (round the chest) on full expiration.

(iii) Must have a chest expansion of not less than 5 Cms. on full inspiration. For Women:

(i) Must not be less than 150 Cms in height

(ii) Must have a chest measurement of 79 Cms. (round the chest) on full expiration.

(iii) Must have a chest expansion of not less than 5 Cms on full inspiration.

Note: The following minimum height Standards is allowed in case of candidates belonging to Scheduled Tribes and ra

















































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top