The main legal point established in the judgment is the requirement for a person to be aggrieved and have a legal right to maintain an application before the Central Administrative Tribunal. The court emphasized the principles of locus standi and the need for a legal injury to challenge an act or decision.

M.M. Sundresh, J.

1. This writ petition has been filed by the petitioner challenging the order dated 02.07.2013 passed in O.A.No.686 of 2011 by the Central Administrative Tribunal in setting aside the notification issued by the second respondent in so far as his selection and appointment to the Indian Administrative service with a consequential direction to consider his case as that of the first respondent afresh.

2. Facts in brief:

2.1. As per the Regulation 4 of the Indian Administrative Service (Appointment by Selection) Regulations 1997, for every vacancy five names shall be sponsored to the Union Public service Commissionviz.,the third respondent herein. The criteria required as per the said regulation is outstanding merit and ability of officers, who have completed not less than eight years of service in the State apart from holding a Gazetted post in a substantive capacity. Regulation 5 mandates the suitability of a person for the appointment to the service shall be determined by the scrutiny of service records and personal interview.

2.2. The procedure adopted by the State Government to recommend Non-State Civil Service Officers to Union Public Service Commission is that whenever vacancies are determined by the Government of India, a circular will be sent to all Secretaries to Government to recommend Non-State Civil Service Officers, who possess outstanding merit and ability and their integrity is beyond doubt. The head of the Department will consider the officers under their control and recommend the names of Non State Civil service Officers to the concerned Secretary to Government. The Secretary to Government, based on the recommendation received from the heads of the Departments, will recommend the names to the Public Department. On receipt of the recommendation from the Secretaries to Government, the Public Department will scrutinize the proposals received from various Departments. If any further particulars are required, the same will be called for from the concerned Secretary to Government. Thereafter, a Screening Committee will be constituted to screen and shortlist the names. The State Government will recommend the shortlisted names to the Union Public Services Commission. Thereafter, the Union Public Services Commission’s statutory Selection Committee will consider the proposal received from the State Government and select the suitable candidates and recommend to the Government of India for conferring the status of IAS officers.

2.3. The Chief Secretary to Government, Government of Tamil Nadu, videhis D.O.Lr.No.23/2009-1, Public (Special-A) Department, dated 24.1.2009, requested all the Secretaries to Government to send proposals to the Public Department in respect of non-State Civil Service Officers, who fulfilled the eligibility conditions laid down in the relevant Rules for the selection to IAS for the year 2009. In the said letter detailed guidelines were issued in connection with the preparation of proposal for recommending the non-State Civil Service Officers for selection to IAS. It was instructed to send, among other things, the following details:-

(1) Certificate regarding pendency of Vigilance/Departmental enquiry and departmental/Criminal Proceedings;

(2) Details of Penalty imposed, for the last 10 years;

(3) Details of Adverse remarks.

Based on the above guidelines the names of the following officials were recommended for consideration for selection to IAS for the year 2009 by the Secretary to Government, Rural Development and Panchayat Raj Department, vide his D.O. Letter NO.10/RD&PR/2009, dated 19.06.2009.

1. Thiru S. Sattanathan, Additional Director of Rural Development;

2. Thiru T.R. Vedanayagam, Additional Director of Rural Development;

3. Thiru D.Jaganathan, Additional Director of Rural Development; and

4. Thiru P.Ponnaiah, Additional Director of Rural Development.

2.4. As there were two vacancies available for the year 2009-2010, names were shortlisted by the State Level S