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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE M.S.RAMESH, A.D. MARIA CLETE
Secretary, Tamil Nadu Public Service Commission, Chennai – Appellant
Versus
R. Saravanan – Respondent
JUDGMENT :
A.D. Maria Clete, J.
The appellants in these writ appeals assail the Common Order of the learned Single Judge dated 11.06.2024 in WP(MD)Nos.11995, 11833, 2057, and 1425 to 1427 of 2024. Since these appeals involve common questions of law and facts, they have been heard together and are being disposed of by this common judgment. The learned Single Judge, in the impugned order, directed the appellants to consider the respondents' entitlement to appointment under the Ex-serviceman category for Group II A posts, as notified in Notification No.3 of 2022 dated 23.02.2022, based on merit and to permit their participation in the ensuing stages of the selection process.
2. The respondents/writ petitioners, all ex-servicemen, had applied for various positions notified by the Tamil Nadu Public Service Commission (TNPSC) under separate notifications. These included Group II A posts under Notification No.3/2022 dated 23.02.2022, Group IV services under Notification No.7/2022 dated 30.03.2022, and technical posts such as Field Surveyor, Draftsman, and Surveyor-cum-Assistant Draughtsman under Notification No.2/2022 dated 30.06.2022.
3. The results for Notification No.2/2022 were declared o
Eligibility for ex-servicemen’s concessions must be assessed at the application date, not recruitment date; subsequent recruitment does not negate pre-existing claims.
Ex-servicemen can pursue multiple claims for recruitment based on applications made prior to any recruitment, despite subsequent appointments, aligning eligibility assessments with the date of applic....
The main legal point established in the judgment is the eligibility criteria for ex-servicemen under the Jammu & Kashmir Reservation Rules, 2005 and the inapplicability of the Ex-Servicemen (Re-emplo....
Proper adherence to ex-servicemen reservation criteria is crucial in public sector appointments, with the potential for supernumerary posts to accommodate deserving candidates.
The eligibility/disqualification of a candidate has to be adjudged on the last date of making the application for direct recruitment, and the applicability of a provision is not limited to those ente....
Point of Law : Court find that no Question of Law, muchless Substantial Question of Law, is made out for admission and adjudication of the appeal.
The court ruled that reservations for Ex-Servicemen must be applied horizontally rather than vertically to comply with constitutional mandates, ensuring fair selection and not exceeding the 50% cap o....
The interpretation of the proviso to Rule 2(2A) of the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988, regarding the eligibility of Ex-Servicemen for recruitment benefits.
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