Pondicherry Schedule Caste v. Director-General,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice KRISHNAN RAMASAMY W.P.Nos.22509 of 2009 and 27438 of 2011 and M.P.No.3 of 2010 W.P.No.22509 of 2009 The Pondicherry Scheduled Caste People's Welfare Association rep. by G.Inbasekaran ..Petitioner Vs 1.Director General, Room No.151A, Nirman Bhawan, 215-C, North Block, Lok Nayak Bhawan, ..Respondents

W.P.No.27438 of 2011 Dr.S.Poopathi ..Petitioner Vs 1.Director General, Room No.151A, Nirman Bhawan, 215-C, North Block, Lok Nayak Bhawan, 4.Vector Control Research Centre, (ICMR), Indira Nagar, Puducherry - 605 006.

5.Dr.Jambulingam, Director, Vector Control Research Centre, (ICMR), Indira Nagar, Puducherry - 605 006.

6.The Registrar, Central Administrative Tribunal, Chennai.

..

Respondents W.P.No.22509 of 2009:

Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to follow the order of reservation for SC/ST candidates as per applicable roster to all vacancies (existing and future) under the first respondent. W.P.No.27438 of 2011:

Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records in O.A.No.849 of

2009 dated 29.04.2011 on the file of the sixth respondent and to set aside the same and consequently direct the respondents to appoint the applicant, the lone SC/ST candidate to the post of Director of VCRC, Puducherry on the basis of reservation. For Petitioner ..

Mr.J.Srinivasa Mohan in both the W.Ps For Respondents..

Mr.M.T.Arunan for R1 in W.P.No.22509 of 2009 Mr.G.Karthikeyan, Asst. Solicitor General for R2 in W.P.No.22509 of 2009 for R1 & R2 in W.P.No.27438 of 2011 Mr.J.Madanagopal Rao for R3 in both W.Ps Mr.S.Jayaraman for R4 and R5 in W.P.No.27438 of 2011 R6 - Tribunal in W.P.No.27438 of 2011 COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.) As the issue involved in both the writ petitions is one and the same, these writ petitions are taken up together and disposed of by way of this common order.

2.W.P.No.22509 of 2009 has been filed by an Association seeking reservation to the post of Director. W.P.No.27438 of 2011 has been filed, challenging the order of the Tribunal in the Original Application filed by an individual over his nonselection pursuant to the Notification issued for the aforesaid post. Here also, a challenge has been made on the ground of not following the reservation.

3.Learned counsel appearing for the petitioners has submitted that the post requires reservation. The order exempting the scientific posts from the purview of reservation dated 23.06.1975 imposes certain conditions. These conditions have bot been satisfied. Therefore, notwithstanding the exemption letter dated 17.07.1986, the question for consideration is whether such a letter has been issued to comply with the conditions or not. Therefore, the writ petitions will have to be allowed. Learned counsel submits that incidentally there is no material to hold substantially the basis upon which the selection of the private respondent was made.

4.Learned counsel appearing for the respective respondents would submit that ICMR is a Scientific and Research Organisation which is an autonomous body registered under the Societies Registration Act 1860. It has got its own Memorandum of Association, Rules and Regulations and Bye-laws. It is also governed by a separate set of rules viz., Research Management Rules, 1965. These Rules are repealed and new rules governing the appointment and promotion in the scientific department/agency/institution have been framed. These Rules are called New Recruitment Rules for Health Research Scientists Cadre of ICMR, 2007. These Rules have been notified with effect from 01.01.2008. The Notification has been issued pursuant to the aforesaid Rules. Notwithstanding the same, in tune with the earlier order dated 23.06.1975, letter has been obtained on 17.

07.1986 exempting the post of Director from the purview of reservation with the approval of the Union Health Minister. Therefore, on both counts, the petitioner in both the writ petitions does not have a case. The question of procedure not being followed at the time of selection has not been raised. Therefore, the Tribunal has not gone into the same. In any case, the selection has been made by a competent Committee consisting of experts. In the absence of any malafide attributing to the mode of selection, no interference is required. 5.There is no right vested in the petitioners to seek reservation. Admittedly, the institute has been declared as scientific/research institute. It is registered under the Societies Registration Act. It has got its own bye-laws, rules and regulations.

The earlier Rules were substituted by New Rules and only pursuant to these Rules, the Notification has been given. The Notification does not speak about the reservation. 6.Notwithstanding the same, exemption letter has been obtained for the post of Director. Therefore, there is sufficient compliance of the order dated 23.06.1975 by getting the approval from the Union Health Minister. We cannot go into the veracity of the aforesaid letter, which has not even been relied upon by the petitioners. The aforesaid letter has not been put to challenge. Even otherwise, there was no reservation followed over the years. Therefore, the aforesaid letter was given effect to from time to time. Hence looking from any perspective, we do not find any merit in the writ petitions. 7.

Coming to the procedural violation, the petitioners have not substantiated any such violation. As rightly submitted by the learned counsel for the respondents, the selection has been made by duly constituted Select Committee. It is not the case of the petitioners that the Select Committee was biased and consists of incompetent persons.

decision by its own views. Thus, both the writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mmi To 1.The Director General, Room No.151A, Nirman Bhawan, 215-C, North Block, Lok Nayak Bhawan, 4.The Vector Control Research Centre, (ICMR), Indira Nagar, Puducherry - 605 006.

5.The Registrar, Central Administrative Tribunal, Chennai.

+1cc to Mr.G.Karthikeyan, Advocate, S.R.No.2479 +1cc to Mr.M.T.Arunan, Advocate, S.R.No.1850 +1cc to Mr.S.Jayaraman, Advocate, S.R.No.1811 W.P.Nos.22509 of 2009 and 27438 of 2011 SJ(CO) rrs 15/02/2019