BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01-04-2026 CORAM THE HONOURABLE MRS JUSTICE S.SRIMATHY WP(MD) NO. 8746 of 2026

1. A.Sivakumar

2. R.S.DIWAGAR Petitioner(s)

Vs

1. The State of Tamilnadu Rep. by its Principal Secretary to Government Municipal Administration and Water Supply Department Secretariat, Chennai - 9.

2. The Director of Municipal Administration and Water Supply Directorate of Municipal Administration and Water Supply Department No.75, Urban Administrative Building MRC Nagar Raja Annamalaipuram Chennai.

Respondent(s)

For Petitioner(s): Mr.S. Vignesh Shunmugam For Respondent(s): Mr.B.Ramanathan, Additional Government Pleader Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS directing the Respondents to publish the reserve list and conduct counseling for each communal category pursuant to the provisional selection list published by the 2nd Respondent vide proceedings No. Nil dated 04.07.2025, pursuant to Notification No.01/DMA/Recruitment/2024 dated 02.02.2024 issued by the 2nd Respondent, in accordance with Section 3(u) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, and in the light of the proceedings passed by the 2nd Respondent in Na.Ka.No.14859/2022/M1 dated 14.11.2025, by considering the Petitioners representations dated 16.12.2025 and

04.03.2026 within the period that may be stipulated by this Court.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to publish the reserve list and conduct counseling for each communal category pursuant to the provisional selection list published by the 2nd Respondent vide proceedings No. Nil dated 04.07.2025, pursuant to Notification No. 01/DMA/Recruitment/2024 dated 02.02.2024 issued by the 2nd Respondent, in accordance with Section 3(u) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, and in the light of the proceedings passed by the 2nd Respondent in Na.Ka.No.14859/2022/M1 dated 14.11.2025, by considering the Petitioners representations dated 16.12.2025 and 04.03.2026 within the period that may be stipulated by this Court.

2.The contention of the petitioner is that the respondents are bound to publish the selected list as well as the reserve list as per the judgment rendered by the Honourable Division Bench in the case of M.S.Kalaivani Vs. The Secretary, Tamil Nadu Public Service Commission reported in 2025 SCC OnLine Mad 2076. The relevant portion of the judgment is extracted hereunder:

"36. In that view of the matter, this Court is inclined to dispose of the writ appeal with the following orders:

(i) that the impugned order of the writ Court is set aside. As a sequel, the stand of TNPSC reflected or emanated from TNPSC Office Order No.134 dated 12.11.2020 is declared as unenforceable in view of the mandatory legal provisions of 2016 Act.

(ii) As a result of which, TNPSC is bound to publish a Reserve List in each of the communal category even for the Combined Civil Services Examination-II (Interview Posts) (Group-II Services) pursuant to Notification No.7/2015 dated 30.04.2015.

(iii) Therefore, there shall be a direction to TNPSC to prepare a Reserve List in each of the communal category including the general turn category and such a list consisting of not less than 25% equal to the selected candidates be published by TNPSC within a period of four weeks from the date of receipt of a copy of this order.

(iv) Coming to the relief sought for by the appellant / petitioner, even though the appellant / petitioner claimed that she being in Serial No.1572 comes next to the last person selected in BC category who stood in Serial No.1546, whether the appellant / petitioner also would be entitled to get such a benefit of selection and appointment pursuant to the said selection based on the Notification No.7/2015 dated 30.04.2015 shall be decided by TNPSC in accordance with the law and to that extent, the