1. Dr. B.R. Ambedkar said “However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However, bad a Constitution may be, if those implementing it are good, it will prove to be good.”

The shocking information brought to the notice of this Court is that not even one Scheduled Tribe candidate is appointed as Law Professor in Tamil Government Law Colleges and Dr. Ambedkar Law University across the State after independence and for the past 72 years under the Rule of Reservation. With these background, this Court has to adjudicate the issues and find the solutions in order to extend social justice to the oppressed and depressed class of citizen of our great Nation.

2. The question of Legal importance advanced in these writ petitions are that, whether the respondents have followed the Rules of Reservation with reference to Section 27 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 as well as the 200 point roster system as contemplated in Schedule V of the said Act.

3. The second question raised is that whether the division of subjects without following the 200 point roster in its real letter and spirit can be allowed to be implemented, which is otherwise in violation of the Rule of Reservation as contemplated under Section 27 as well as Schedule V of the Act.

4. Thirdly, whether an affiliated Law College of the Law University is empowered to take such academic decision of implementing division of subjects without any approval or without any consultation with the Law University.

5. Lastly, whether the Rule of Reservations as per Law had been followed in earlier Recruitments conducted during the year 2014 as well as during the year 2011.

6. In view of the fact that the implementation of Rule of Reservation itself is under challenge in these writ petitions, which is of Constitutional importance.

7. The relief sought for in W.P. No. 18841 of 2018 is to quash the Recruitment Notification No. 2/2018 dated 18.07.2018 and to direct the 1st respondent to issue fresh Notification by providing Reservation to the Scheduled Tribe candidate in the subject of Labour Law and Administrative Law.

8. The relief sought for in W.P. No. 27034 of 2018 is also to quash the Notification No. 2 of 2018 and to direct the respondents to issue a fresh Notification providing Reservation for Scheduled Tribe for the Post of Assistant Professors (Criminal Law) in Government Law Colleges as per Section 27 of the Tamil Nadu Government Servants (Conditions of Service)Act read with the guidelines issued by the 4th respondent for strict implementation of Reservation Policy of the Government in University.

9. The writ petitioner in W.P. No. 18841 of 2018 namely M/s. K. Gunanidhi belongs to Scheduled Tribe community.

10. It is stated that due to her sincere efforts and hard work, she completed B.A. and B.L. integrated regular law degree course and thereafter completed Master’s Degree in Law (M.L.) in the Branch of Labour Law and Administrative Law in Government Law College, Trichy. The writ petitioner also passed National Eligibility Test, which is a requisite qualifications for appointment to the Post of Lecturer in Government Law Colleges. The writ petitioner is a practicing Advocate before the District Court, Trichy and serving as Guest Faculty of Teaching in the Government Law Colleges from the year 2012 onwards. Thus, the writ petitioner is fully qualified and eligible for appointment to the Post of Lecturers (Senior scale) now re-designated as Assistant Professors and Lecturers Seniors Scale (Pre-Law) re-designated as Assistant Professor for Government Law Colleges in the State of Tamil Nadu.

11. Initially, the 1st respondent had issued a Notification dated 22.07.2014, inviting applications for Direct Recruitment to fill up the Post of Lecturers (Senior Scale) and Lecturers Senior Scale (Pre-Law