K.Vasanthi, v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.21975 to 21977 of 2014 K.Vasanthi ... Petitioner in W.P.No.21975/14 M.Ammu ... Petitioner in W.P.No.21976/14 S.Mangalalakshmi ... Petitioner in W.P.No.21977/14 Vs.
1. The Principal Secretary to Government, Department of Higher Education, Fort St. George, Chennai - 600 009.
2. The Vice Chancellor, Thiruvalluvar University, Serkadu - 632 115.
Vellore District.
3. The Thiruvalluvar University, Rep. By its Registrar, Serkadu - 632 115.
Vellore District.
... Respondents all WPs PRAYER IN W.P.Nos.21975 & 21977 of 2014: Writ Petitions filed under Article 226 of the Constitution of India praying to issue writ of certiorarified mandamus to call for the records connected with the impugned Nos.8393, 8394, 8395, dated 17.07.2014 of the third respondent published in the Tamil Daily "Thinathanthi" in its issue dated 17.07.2014 and quash the same and consequently, direct the third respondent University to notify the vacancies afresh in accordance with the Government Orders on reservation of posts, qualification, age limit, marks relaxation for appointment within a time frame fixed by this Hon'ble Court.
PRAYER IN W.P.No.21976/14: Writ Petitions filed under Article 226 of the Constitution of India praying to issue writ of certiorarified mandamus to call for the records connected with the impugned Advertisement No.8395, dated 17.07.2014 of the third respondent published in the Tamil Daily "Thinathanthi" in its issue dated 17.07.2014 and quash the same and consequently, direct the third respondent University to notify the vacancies afresh in accordance with the Government Orders on reservation
of posts, qualification, age limit, marks relaxation for appointment within a time frame fixed by this Hon'ble Court. For Petitioner in all WPs. : Mr.Sathia Chandran For R2 & R3 in all WPs.
: Mr.P.H.Aravindphandian, AAG Assisted by Mr.S.Yaswanth For R1 in all WPs.
: Mr.P.Chinnadurai, Government Advocate COMMON ORDER By way of filing these writ petitions, the petitioners seek to quash the impugned notification Nos.8393, 8394 and 8395, dated 17.07.2014, of the third respondent / the Thiruvalluvar University, Vellore, published in the Tamil Daily "Thinathanthi" on 17.07.2014, with a consequential direction to the third respondent University to notify the vacancies afresh in accordance with the Government Orders on Reservation of Posts, Qualification, Age Limit, Marks relaxation for appointment.
2. Learned counsel appearing for the petitioners submitted that the third respondent did not follow the Rule of reservation, while they were issuing advertisement on 17.07.2014 in a Tamil Daily "Thinathanthi", especially for the post of Superintendent, Assistant-cum-Computer Operator and Office Assistant, as they did not allot any seat to the category of Destitute Widow. It is his further grievance that had the respondents followed the Rule of Reservation, the petitioners would have applied for the said posts in the said category. Since that has not been done, he prayed for quashing the impugned notification cited above.
3. In reply, learned Additional Advocate General submitted that the respondents would reserve 3 posts out of 9 posts of Superintendent, similarly, 2 posts out of 23 posts of Assistant-cum-Computer Operator and 1 post out of 4 posts of Office Assistant, to the category of Destitute Widow. He further submitted that if the permission is given, the respondents would withdraw a part of the above said notification in respect of three categories viz. Superintendent, Assistantcum-Computer Operator and Office Assistant, and thereupon, issue a new notification in accordance with law.
4. In view of the above said submission of the learned Additional Advocate General, the grievance of the petitioner, that the respondents did not reserve any seat to the category of
Destitute Widow pertaining to the post of Superintendent, Assistant-cum-Computer Operator and Office Assistant, is being taken care of, the respondents are directed to issue fresh notification with regard to the above said posts as submitted by the learned Additional Advocate General. Needless to say that the respondents can proceed further with regard to other vacancies as per this notification. With this direction, the writ petitions stand disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rkm To
1. The Principal Secretary to Government, Department of Higher Education, Fort St. George, Chennai - 600 009.
2. The Vice Chancellor, Thiruvalluvar University, Serkadu - 632 115.
Vellore District.
3. The Registrary, Thiruvalluvar University, Serkadu - 632 115.
Vellore District.
+2cc's to Mr.S.Yaswanth, Advocate, S.R.No.11991 +1cc to the Government Pleader, S.R.No.12111 + 1 cc to Mr.Sathia Chandran, Advocate Sr 12278 (1/3/16) W.P.Nos.21975 to 21977 of 2014 JSV(CO) CA(26/02/2016)