R.Sudhagar v. The Tamil Nadu Public Service Commission,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos.18100 & 18113 of 2019 and WMP Nos.17482, 17483,17484 ,17473, 17474 & 17475 of 2019 R.Sudhagar ... Petitioner in WP No.18100 of 2019 S.Balasundaran ... Petitioner in WP No.18113 of 2019 Vs.
1. The Tamil Nadu Public Service Commission, Rep.by its Secretary, No.3, Frazer Bridge Road, V.O.C.Nagar, Chennai 600 005.
2. The Government of Tamil Nadu, Rep by its Secretary to Government, Personnel and Administrative Reforms Department, Fort St. George, Chennai 600 009 ... Respondents in both WPs COMMON Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notification No.19 of 2019 dated 07.06.2019 passed by the 1st respondent and quash the same and consequently, direct the 1st respondent to appoint the petitioners in appropriate posts for the vacancies that have arise due to non-joining / joining and leaving of interested candidates in pursuance of Notification No.9 of 2013 dated 14.06.2013 issued by the 1st respondent. For Petitioner : Mr.C.Ganesh Pandian in both WPs For Respondents : Mr.M.Devendran for R1 in both WPs Mr.R.S.Selvam for R2 1/5
O R D E R
By consent, these writ petitions are taken up for final disposal at the admission stage itself.
2.
The case of the petitioners is that the petitioners were participated in the examination conducted by the 1st respondent in pursuance to Notification No.9 of 2013, for Group IV Services (Direct Recruitment) which includes the posts of Junior Assistant (Non Security), Junior Assistant (Security), Bill Collector Grade I, Typist, Steno Typist Grade III. Field Supervisor and Draftsman. The total number of vacancy is 5566. The petitioners were called for counseling on 25.03.2014. However, to the shock and surprise of the petitioners, the 1st respondent without even verifying whether all the 5,566 persons called for the interview have been attended the counselling, ended the counselling process, despite eligible candidates being available.
The grievance now expressed by the petitioners is that there are vacancies due to non-availability of selected candidates or leaving after joining the post by the Candidates and these vacancies would naturally be given to the persons who are in the next merit list. The respondent without even filling up the total vacancy, has published fresh notification every year for Group IV Service. Challenging the said notification Np/19/2019 be illegal, the petitioners filed these writ petitions before this Court.
3.
The learned counsel for the petitioners submitted that the petitioners are eligible to be appointed to the vacancy arising due to non-joining / joining and leaving of selected candidates in pursuance to notification No.9 of 2013 dated 14.06.2013 and prays for appropriate orders.
4.
The learned counsel appearing for the respondents has drawn the attention of this Court to the counter affidavit filed by them and it is relevant to extract paragraph No.3, 4, 5, 6, 7, 8 as under :-
3. In this connection, it is humbly submitted that the counselling details for the post of Junior Assistant, Typist, Steno Typist Grade III included in the said recruitment as detailed below :- Junior Assistant 2/5
Phase Date of CV/Counselling Total no.
of Vacancies No. of Vacancies filled Remaining Vacancies Carried forward vacancies I 24.03.2014 to 07.05.2014 --- II 16.06.2014 to 18.06.2014 --- III 18.08.2014 to 23.08.2014 --- IV 29.10.2014 nil --- V 11.06.2015 --- --- TYPIST Phase Date of CV/Counselling Total no.
of Vacancies No. of Vacancies filled Remaining Vacancies Carried forward vacancies I 19.06.2014 to 05.07.2014 --- II 18.08.2014 to 20.08.2014 --- III 29.10.2014 to 31.10.2014 --- IV 08.06.2015 to 09.06.2015 Nil 18(PH Vacancy) STENO TYPIST Phase Date of CV/Counselling Total no.
of Vacancies No. of Vacancies filled Remaining Vacancies Carried forward vacancies I 21.08.2014 to 23.08.2014 Nil II 30.10.2014 to 01.11.2014 Nil III 09.06.2015 to 10.06.2015 (Carried forward vacancies ) 4.
It is respectfully submitted that for the post of Junior Assistant, typist and Steno-Typist Grade II the selection was made through counselling method. Candidates were called for the above phases of counselling based on the overall rank following rule of reservation of appointment and vacancies notified. For the post of Junior Assistant, Typist and Steno Typist Grade III, the selected candidates were 3/5
allotted for more than 350 department/Units and each units have separate orders.
5. Further, submitted that notification No.18 / 2014 for the same posts included in Group IV for the years 2014-2015 was subsequently issued on 14.10.2014 and written examination was held on 21.12.2014. The result was published on 22.05.2015. The last phase of counselling for the previous recruitment to the said posts for the year 2013 - 2014 were as follows :- (i) Junior Assistant - V Phase counselling conducted on 11.06.2015.
(ii) Typist - Iv Phase counselling conducted on 0906.2015.
(iii) Steno-typist grade III - III Phase counselling conducted on 10.06.2015.
to fill up the vacancies which were not filled up due to paucity of candidates in the previous phases of counselling for the recruitment pertaining to Group IV 2013-14 in which the petitioners were not selected for the above counselling. In the circumstances, the question of operating the reserve list does not arise.
6. In this connection, it is respectfully submitted that the counselling particulars for the post of Junior Assistant, Typist, Steno Typist for the said 2014-2015 relating to the said notification is detailed below :- Junior Assistant Phase Date of CV/Counselli ng Total no. of Vacancie s No. of Vacancie s filled Remaining Vacancies Carried forward vacanci es I 16.11.2015 to 01.12.2015 and 15.12.2015 Nil II 0908.2016 to 12.08.2016 --- III 22.02.2017 IV 05.06.2017 -- V 12.10.2017 -- VI 28.02.2018 -- 4/5
TYPIST Phase Date of CV/Counselli ng Total no. of Vacancie s No. of Vacancie s filled Remaining Vacancies Carried forward vacancie s I 16.12.2015 to 28.12.2015 Nil II 15.06.2015 to 17.06.2015 --- III 23.02.2017 15(PH Vacancy) IV 16.06.2017 nil --- STENO TYPIST Phase Date of CV/Counselli ng Total no. of Vacancie s No. of Vacancie s filled Remaining Vacancies Carried forward vacancie s I 14.12.2015 Nil II 20.07.2016 to 21.07.2016 --- III 24.02.2017 The rules relating to the operation of the Reserve list are as follows :
7. It is humbly submitted that the rule 15A of then Tamil Nadu State and subordinate service rules now incorporated as Section 3 (U) Tamil Nadu Government Servants (Conditions of service) Act, 2016 reads as : "Reserve list means a list which is prepared so as to contain not less than twenty five percent of the candidates of each reservation group including general turn in the regular list is drawn up subsequently". In this section the definition of reserve list and validity of Reserve list is stated. But in this section it is not specifically insisted to draw reserve list for direct recruitment.
8. It is further respectfully submitted that in Group services for example in Group II interview posts various posts in various departments / units with 5/5
different scale of pay have been notified. In Group II / Group IIA non interview posts / Group IV services / VAO, single post viz., Assistatnt / Junior Assistant/Typist / Steno Typist Grade III with multiple departments and units are included. In the counselling method based on merit (overall rank), following rule of Reservation of appointment, vacancies, qualification etc the candidates are summoned in the ratio of 1:2/1:3. The candidates (top rankers) who have attended on the first or second day of counselling opt the post in the Departments like Transport, Registration and Commercial Tax etc., and with higher scale of pay / grade pay of the department /unit as they wish. But the candidates who come later opt other posts / Departments viz. police, judicial, stationery & printing etc since the vacancies in Departments like Transport, Registration, Commercial Tax are already filled.
5.
This Court is of the considered view that admittedly the petitioner participated the selection in the year 2013 and the notification was issued in the year 2013 and subsequently, several notifications were issued. The petitioners without challenging the subsequent notifications has filed these writ petitions challenging the current Notification No.19 of 2019 dated 07.06.2019 without any proper explanation, is unsustainable and accordingly, these writ petitions are dismissed. No costs. Consequently, all the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rka To
1. The Secretary, Tamil Nadu Public Service Commission, No.3, Frazer Bridge Road, V.O.C.Nagar, Chennai 600 005.
6/5
2. The Secretary to Government, Government of Tamil Nadu, Personnel and Administrative Reforms Department, Fort St. George, Chennai 600 009 +1cc to Government Pleader SR.NO. 92497 +1cc to Mr.M.Devendran, Advocate sr.91615 +2cc to Mr.C.Ganesh Pandian, Advocate sr.91865 W.P.Nos.18100 & 18113 of 2019 and WMP Nos.17482, 17483, 17484 ,17473, 17474 & 17475 of 2019 pa(co) nr 20/12/2019 7/5