Being in the select list or reserve list does not confer an indefeasible right for appointment, and the state is not obligated to fill up all vacancies unless there is a provision to the contrary in the applicable rules.

1. This judgment shall dispose of all the writ petitions (W.P.Nos.4856 to 4858 of 2013), as common questions of law are involved in this petition. For the sake of brevity the facts have been taken from W.P.No.4856 of 2013.

2. The petitioner prays for issuance of a writ in the nature of mandamus directing the respondent Nos.1 and 2 to issue appointment order to the petitioner as for the permanent Assistant Surgeon in pursuance to select list published by the third respondent dated 29-09-2010 and as per the recommendations of the second respondent dated 23-04-2012 with all service benefits at par with candidates already appointed within a time frame to be fixed by this Court.

3. The petitioner is the medical Doctor having completed MBBS course from Dr. MGR Medical University from Thanjavur Medical College during the year 2001-2007. The petitioner got admission in MBBS course based on merit in the Government quota and after completing the MBBS, he was recruited as Assistant Surgeon vide order dated 03-02-2011 and he is in continuous service since then.

4. The submission of the petitioner is that even prior to joining the first respondent in the year 2009, the petitioner had appeared in the examination conducted by the third respondent for direct recruitment of Assistant Surgeons in (General/Specialities) in the Tamil Nadu Medical Service 2005-2009. It was after the examination conducted by the third respondent that the selected list was published and the petitioner was appointed under rule 10(a)(i) of the general rules(Tamil Nadu State Subordinate Service) by the first respondent.

5. In the list of selected candidates, the petitioner was in the reserved list for Assistant Surgeon (General) under the Backward Class(General).

6. It is submitted that as per the select list published by the third respondent, the candidates in the reserved list were to be considered for appointment from the respective category as against the vacancies to be caused by,

(1) non-joining of duty of selected candidates,

(2) selected candidates who joined but left thereafter and

(3) cancellation of provisional selection of the selected candidates for any reason.

7. It is the submission of the petitioner that about 127 candidates from the select list did not join duty and therefore, the first respondent was required to sponsor 127 candidates from the reserved list. The petitioner therefore, submits that he was already selected by the third respondent for appointment.

8. The petitioner now wants to join the Post-Graduate course and for that purpose, sat in the written entrance examination for admission to the Post-graduate degree/diploma/6 year M.Ch.(Neuro Surgery). The petitioner was not permitted to write the entrance examination till 2012 as he had not completed two years Government Service. According to the Prospectus, the candidate who are serving in Government can be given admission only under service quota.

9. The rule regarding this reads as under:

"10 (a) The Following categories of Medical Officers will be treated as Service Candidates for the purpose of allotment of seats.

1. Medical Officers selected by the TNPSC and appointed in Tamil Nadu Medical Services on regular basis, with minimum of Two years continuous service as on 31.03.2013.

2. Medical Officers serving (continuously for two years) in Local Bodies in Tamil Nadu

(b) Those Service candidates (selected by TNPSC) who have put in LESS THAN TWO Years of continuous regular service as on 31.03.2013 either in Tamil Nadu Medical Service or in Local Bodies are not eligible to apply for PG Degree Diploma/6 Year M.Ch (Neurosurgery) Courses. Fractional values of a year will not be counted.

(c) 10(a)(i) candidates/ Contract Medical Consultants not selected by TNPSC will not be considered as Service Candidates. If selected for any Post Graduate course they have to submit their resignation. They will be considered as Service candidates if they have been selected by TNPSC at the time of counse