Ms. R. BANUMATHI, J and R. SUBBIAH, J.

1. All these appeals arise out of a common judgment dated 6.3.2012 passed in W.P. Nos. 6114 and 7448 of 2011.

2. W.P. No. 6114 of 2001 has been filed by an unemployed graduate and W.P. No. 7448 of 2011 has been filed by 3 individuals, who are working as Assistants in the Secretariat. Both the writ petitions have been filed challenging the decision taken by the Government of Tamil Nadu to fill up 186 posts of Assistant Section Officers (ASO) in the Secretariat, other than Law and Finance Department, on the basis of Notification bearing No. 219 dated 15.11.2009.

3. Originally a Notification was issued by TNPSC for 21 different interview posts under the concerned Subordinate Service including 4 posts of ASO in the Office of TNPSC and 13 posts of ASO in the Law Department, Secretariat Service. Subsequent to the Notification dated 15.11.2009 and before the date of examination, the Government issued G.O. (4D) No. 7, Personnel and Administrative Reforms, dated 22.3.2010 relaxing Rule 8 of the Special Rules for Tamil Nadu Secretariat Services so as to fill up 186 posts of Assistant Section Officer (ASO) through Tamil Nadu Public Service Commission by direct recruitment in one unit at Secretariat for the year 2009-2010.

4. The main contention of the writ petitioners is that the Notification No. 219 dated 15.11.2009 issued only for 13 vacancies of ASO ( Law Department) in Secretariat and 4 vacancies of ASO in the office of Tamil Nadu Public Service Commission (TNPSC). Hence, the Government has no power to fill up 186 posts of ASO i.e. beyond the vacancies advertised in Notification No. 219 issued by TNPSC by increasing the number of vacancies. The abovesaid writ petitions were filed only against the Government and TNPSC. Subsequently, some of the candidates selected as ASOs impleaded themselves as respondents in both the writ petition and contested the same.

5. Learned single Judge, by a common order dated 6.3.2012, allowed both the writ petitions with the following directions:

“(i) The selection in pursuance of the Notification dated 15.11.2009 shall be confined only to the vacancies notified in the advertisement dated 15.11.2009; and

(ii) It may be open to the Government to fill up 186 posts of Assistant Section Officers in the Departments of the Secretariat (other than Law and Finance) which were diverted to be filled up by direct recruitment by G.O. 4D. No. 7 dated 22.3.2010, on the basis of the selection conducted in pursuance of the later Notification dated 30.12.2010 and 8.2.2011 and the supplementary notification dated 11.6.2011”.

6. Since writ petitions were allowed by confining the vacancies notified in the Notification, selected candidates, who impleaded themselves as respondents in both the writ petitions, have filed W.A. No. 486, 487 and 502 of 2012. Similarly, aggrieved over the order of the learned single Judge, the Government has filed W.A. Nos. 1316 and 1317 of 2012 and TNPSC has filed W.A. No. 675 and 676 of 2012. Likewise, aggrieved over one of the directions given by the learned single Judge to fill up 186 posts of ASOs., vide later Notification dated 30.12.2010 and 8.2.2011 and the supplementary notification dated 11.6.2011, W.A. No. 807 of 2012 has been filed by K. Kumaran, writ petitioner in W.P. No. 6114 of 2011.

7. Since 8 writ appeals have been filed against the common order dated 6.3.2012 by all the parties and their ranking differs in each appeal, for convenience, the parties are hereafter referred to as under:

Appellant in W.A. 486, 487 and 502 of 2012. selected candidates

Appellant in W.A. 807 of 2012 and R1 to R3 in W.A. 317 and 676 of 2012. writ petitioners

Appellant in W.A. Nos. 1316 and 1317 of 2012. State Government;and

Appellant in W.A. 675 and 676 of 2012. TNPSC

8. The facts and circumstances giving rise to these appeals are as follows:

TNPSC invited applications for direct recruitment to 21 different interview posts under the Combined Subordinate Services Examination-