IMPORTANT POINT
Eligibility criteria specified in the notification for a job position must be met by a petitioner challenging the recruitment process.

JUDGMENT :

(Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent, praying to set aside the order made in W.P.No.5220 of 2021 dated 28.10.2022.)

1. The present writ appeal is filed challenging the order of the learned Judge insofar as it quashes the impugned Notification No.01/2021 dated 22.01.2021 issued by the appellant herein while directing the appellant herein to proceed with the earlier Notification No.03/2020 dated 18.11.2020 and to consider the 1st Respondent herein for appointment to the post of Assistant General Manager (Finance), if he is otherwise eligible and pass necessary orders.

2. Brief facts:

The appellant herein invited applications for appointment to the post of Assistant General Manager (Finance) vide Notification No.3/2020 dated 18.11.2020 reserved for Scheduled Caste (hereinafter referred to “SC”) category (preferably Arunthathiyar). As per the Notification, the candidate should have “passed Chartered Accountant (Associate/ Fellow member of ICAI)” and “the candidate shall have an experience of not less than 10 years in a Bank / Financial Institution / Reputed Industrial or Commercial concern in independent senior capacity”. The Respondent applied online on 21.11.2020. The above notification was later withdrawn and fresh notifications dated 15.12.2020 and 22.01.2021 were issued by the appellant herein calling for applications from the candidates to the post of Assistant General Manager (Finance) and the reservation was shifted from SC (preferably Arunthathiyar) to Backward Class (other than Backward Class Muslim) – Priority. It is this Notification which was put to challenge by the 1st Respondent herein on the premise that it is not open to the appellant herein to de-reserve the post of Assistant General Manager (Finance) reserved for SC to BC (OBCM) as it would result in violation of Article 16 of the Constitution of India.

3. Order of the learned Single Judge :

(i) The learned Judge found that 4 vacancies were to be filled in the Assistant General Manager (hereinafter referred to as “AGM”) Category viz.,

a. AGM(Legal) – 1 post

b. AGM(Finance) – 1 post

c. AGM (Project) – 2 posts

(ii) Following the 200 Roster point system, the post of AGM (Finance) was originally reserved for SC (Arunthathiyar on preferential basis) – vide Notification No.03/2020 dated 18.11.2020. The appellant herein cancelled the said Notification dated 18.11.2020 as only one applicant had applied for AGM (Finance). The Appellant issued another Notification dated 15.12.2020 for the post of AGM (Finance) changing the reservation from SC (preferably Arunthathiyar) to Backward Class (other than Backward Class Muslim) – Priority. The appellant received three applications and selected the 3rd Respondent to the said post. Thereafter, a Notification dated 12.12.2020 was issued for the post of AGM (Projects), of which one was reserved for SC (Arunthathiyar on preferential basis) and other for MBC and De-Notified Community. Pursuant thereto, 119 applications were received and A. Balu, under the category of SC (preferably Arunthathiyar) and A. Arun Kumar under the category of Most Backward Class and de-notified community were selected to the post of AGM (Project) and had joined duty on 08.02.2021. The learned Judge also found that the 200 Roster Point System had thus been followed and the submission that the change from AGM(Finance) to AGM(Project) would constitute de-reservation, stood rejected. The learned Judge however proceeded to find that the cancellation of Notification No.3/2020 dated 18.11.2020 was bad on the premise that no reason for cancellation of the selection process was disclosed by the appellant herein. Accordingly, the learned Judge allowed the writ petition filed by the first respondent, by the order impugned herein.

4. Case of the appellant: The learned Senior Advocate Mr. P. Wilson appearing on behalf of the appellant w