O.Arshiya Fathima, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2026
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.8012 and 8013 of 2024 1.O.Arshiya Fathima 2.M.Abdul Kalam ... Petitioners Vs.
1 THE SECRETARY TAMIL NADU PUBLIC SERVICE COMMISSION VOC NAGAR, PARK TOWN, CHENNAI - 600 003.
2 THE UNDER SECRETARY TAMIL NADU PUBLIC SERVICE COMMISSION VOC NAGAR, PARK TOWN, CHENNAI - 600 003.
3 THE CONTROLLER OF THE EXAMINATION TAMIL NADU PUBLIC SERVICE COMMISSION VOC NAGAR, PARK TOWN, CHENNAI - 600 003.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating 1/9
to the impugned order passed by the first respondent vide his proceedings in Notification No.01E/2023 dated 03.02.2024 and quash the same as illegal in so far as it relates to exclusion of one post of BCM(G)(PSTM) category is concerned and consequently to direct the respondents to provide adequate posts in respect of BC(Muslim) by following G.O.Ms.No.55 Personnel and Administrative Reforms Department dated 08.04.2010 and by following the article 16(4) of the Constitution of India and direct the respondents to permit the petitioners to participate in the forthcoming selection process for appointment to the post of Agricultural Officer(Extension) in pursuant to the Notification No.1/2023 dated 12.01.2023 taking into consider that the petitioners were provisionally selected for interview within the period that may be stipulated by this Hon'ble Court. For Petitioners : Mr.Nambi Arooran for M/s.Ajmal Associates For Respondents : Mr.I.Abrar Mohammed Abdullah Standing Counsel
O R D E R
The petitioners have filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent vide his proceedings in Notification No.01E/2023 dated 03.02.2024 and quash the same as illegal in so far as it relates to exclusion of one post of 2/9
BCM(G)(PSTM) category is concerned and consequently to direct the respondents to provide adequate posts in respect of BC(Muslim) by following G.O.Ms.No.55 Personnel and Administrative Reforms Department dated 08.04.2010 and by following Article 16(4) of the Constitution of India and direct the respondents to permit the petitioners to participate in the forthcoming selection process for appointment to the post of Agricultural Officer(Extension) in pursuant to the Notification No.1/2023 dated 12.01.2023 taking into consideration that the petitioners were provisionally selected for interview within the period that may be stipulated by this Court. 2.The learned counsel appearing for the petitioners submitted that the petitioners are qualified with B.Sc.(Hons) Agriculture and they belong to Backward Class Muslim.
The first respondent issued Notification No.1/2023 dated 12.01.2023 inviting applications for direct recruitment to the post of Agricultural Officer (Extension) in which one post was earmarked for BCM (G) (PSTM) and the petitioners applied for the same and thereafter the first respondent issued Notification No.1B/2023 dated 05.05.
BCM (G) (PSTM) and thereafter examination was conducted and the petitioners also successfully completed the written examination and also participated in the Onscreen Certificate Verification. Whileso, the first respondent issued the impugned Notification publishing the revised distribution of vacancies, in which, the one post earmarked for BCM (G) (PSTM) was excluded, which is not sustainable one. 3.The learned Standing Counsel appearing for the respondents submitted that one Sameera applied for the previous recruitment notified in Notification No.19/2018 dated 03.05.2018 for the same post and she filed W.P.No.34232 of 2018 and this Court vide order dated 24.03.2021 directed the respondent to consider her representation in the light of the order dated 23.01.2020 in W.P.No.8500 of 2019 and challenging the said order the respondent filed W.
A.No.522 of 2022, in which, the Hon'ble Division Bench passed interim order on 11.03.2022 to the effect that any appointment given to the said Sameera will be subject to the outcome of the writ appeal, pursuant to which, a memorandum was sent to the said Sameera disclosing the marks obtained by her and status of the vacancy available in the post of Agricultural Officer (Extension) service for the year 2015 - 2019.
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4.The learned Standing Counsel appearing for the respondents further submitted that the said Sameera filed Contempt Petition No.840 of 2022 for non compliance of the order dated 11.03.2022 and this Court vide order dated 25.08.2022 closed the contempt petition by observing that 'if any vacancy arise after the interim orders of this Court, the petitioner shall be given preference in the light of the observations made in paragraph nos.6 and 7 of the order dated 11.03.2022'. Thereafter a pre contempt notice dated 14.02.2023 was issued to the respondents, pursuant to which, the respondents filed SLP (C) Diary No.41548/2023 and the Hon'ble Apex Court vide order dated 16.10.2023 dismissed the SLP and thereafter, the respondents ordered to keep one vacancy i.e., BCM (G) (PSTM) vacant in the recruitment of Notification No.01/2023 dated 12.01.
2023 inorder to accommodate the said Sameera and she was selected and selection memo containing name and other particulars was forwarded to the Appointing Authority on 29.01.2024 for necessary action and selection intimation memo was also sent to the said Sameera on 31.01.2024. The learned Standing Counsel further submitted that the petitioners had not reached the zone of consideration for oral test due to withdrawal of BCM (G) (PSTM) vacancy in the said addendum.
5.Heard the arguments advanced on either side and perused the materials available on record.
6.The petitioners are qualified with B.Sc.(Hons) Agriculture and they belong to Backward Class Muslim. The first respondent issued Notification No.1/2023 dated 12.01.2023 inviting applications for direct recruitment to the post of Agricultural Officer (Extension) in which one post was earmarked for BCM (G) (PSTM) and the petitioners applied for the same and the petitioners successfully completed the written examination and also participated in the Onscreen Certificate Verification. The grievance of the petitioners is that the first respondent issued the impugned Notification publishing the revised distribution of vacancies, in which, the one post earmarked for BCM (G) (PSTM) was excluded and hence, they were not selected to the post of Agricultural Officer (Extension).
7.Perusal of records disclose that one Sameera applied for the previous recruitment notified in Notification No.19/2018 dated 03.05.2018 for the same post and she filed W.P.No.34232 of 2018 and this Court vide order dated 24.03.2021 directed the respondent to 6/9
consider her representation in the light of the order dated 23.01.2020 in W.P.No.8500 of 2019 and challenging the said order the respondent filed W.A.No.522 of 2022, in which, the Hon'ble Division Bench passed interim order on 11.03.2022 to the effect that any appointment given to the said Sameera will be subject to the outcome of the writ appeal, pursuant to which, a memorandum was sent to the said Sameera disclosing the marks obtained by her and status of the vacancy available in the post of Agricultural Officer (Extension) service for the year 2015 - 2019. Thereafter, the said Sameera filed Contempt Petition No.840 of 2022 for non compliance of the order dated 11.03.2022 and this Court vide order dated 25.08.
2022 closed the contempt petition by observing that 'if any vacancy arise after the interim orders of this Court, the petitioner shall be given preference in the light of the observations made in paragraph nos.6 and 7 of the order dated 11.03.2022'. Thereafter, the respondents ordered to keep one vacancy i.e., BCM (G) (PSTM) vacant in the recruitment of Notification No.01/2023 dated 12.01.2023 inorder to accommodate the said Sameera and she was selected and hence the one post earmarked for BCM (G) (PSTM) was excluded.
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8.In view of the above, this Court is not inclined to grant the relief sought for in this writ petition. The writ petition is dismissed. Liberty is granted to the petitioners to work out the remedy in the manner known to law. No costs. Consequently, the connected miscellaneous petitions are closed.
07.01.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 THE SECRETARY TAMIL NADU PUBLIC SERVICE COMMISSION VOC NAGAR, PARK TOWN, CHENNAI - 600 003.
2 THE UNDER SECRETARY TAMIL NADU PUBLIC SERVICE COMMISSION VOC NAGAR, PARK TOWN, CHENNAI - 600 003.
3 THE CONTROLLER OF THE EXAMINATION TAMIL NADU PUBLIC SERVICE COMMISSION VOC NAGAR, PARK TOWN, CHENNAI - 600 003.
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M.DHANDAPANI,J.
pri And W.M.P.Nos.8012 and 8013 of 2024 07.01.2026 9/9