T.Lakshmi v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
THE HON'BLE MR. JUSTICE RMT.TEEKAA RAMAN and WMP No.33246 of 2024 Judgment reserved on 18.02.2025 Judgment pronounced on 11.03.2025 T.Lakshmi ...
Petitioner Vs 1.State of Tamil Nadu, Rep.by its Principal Secretary to Government, Department of Sericulture, Nethaji Nagar, Hasthampatty, Salem - 636 007.
2.The Director, Directorate of Sericulture, Nethaji Nagar, Hasthampatty, Salem - 636 007.
3.K.Mohanapriya 4.S.Thangamani 5.M.Gomathi 6.K.Mukilarasi 7.D.Jambu 8.M.Muthu ...
Respondents 1/9
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the entire records connected with the impugned selection list for the post of Junior Inspector of Sericulture for the year 2015-2016 so far as the selection of the respondents 3 to 8 under the category of MBC/DC published in the official website by the 2nd respondent on 02.03.2016 and quash the same. Consequently direct the 2nd respondent to consider the petitioner's candidature and appoint her as Junior Inspector of Sericulture on the basis of the marks secured by her in the selection process, within a time frame fixed by this Court.
For Petitioner : Mr.A.Arun, for Mr.S.Sathia Chandran For Respondents : Mr.P.Muthukumar, Additional Advocate General Asst.by Mr.R.Kumaravel, Addl. Govt. Pleader for R1 and R2 Mr.A.M.Esakkiappan for R3.
Mr.P.Ganesan for Mr.M.Kaviveerappan for R4, R5 and R7.
No appearance for R6 and R8 2/9
O R D E R
This writ petition has been filed challenging the selection of selection list published by the second respondent dated 02.03.2016 whereby the private respondents 3 to 8 were selected and the petitioner was not selected and to quash to the same and to include her name in the selection list.
2. The learned Additional Advocate General submitted that the respondent issued a Notification No.01/2015 dated 09.05.2015 inviting applications for the direct recruitment for the post of Assistant Inspector of Sericulture and for the post of Junior Inspector of Sericulture. A corrigendum to the notification dated 16.05.2015 also was issued. The above corrigendum was set aside by the High Court of Madras. Hence, a fresh notification No.01/2016, dated 13.01.2016 combining the posts notified for the year 2014-2015 and posts to be filled up for 2015-2016 was issued by the respondent inviting application from candidates for the direct recruitment of 43 posts of Assistant Inspectors of Sericulture and 257 posts of Junior Inspectors of Sericulture for the years 2015-2016. 3/9
3. The petitioner herein is an MBC candidate and was permitted for written examination and thereafter permitted to participate in the interview. The petitioner scored 110.25 marks in written examination and 8 marks in interview and an overall marks of 118.25. The petitioner had not come under any priority category except that she studied in 'Tamil Medium'. As per G.O (Ms) No.142, Personnel and Administrative Reforms (K) Department dated 14.10.2009, 200 points roaster is maintained following priority and non-priority candidates at a ratio of 1:4. In addition to this, rule of reservation has also been followed. The petitioner filed WMP No.33246 of 2024 for furnishing details of marks secured under the various categories in which counter has been filed by the department.
4. As per the counter, the names of six candidates referred by the petitioner had been included in the selection list based on priority basis as detailed below:- Srl.
No.
Roll No.
Name of the selected candidate Community Marks Obtained Priority Factor K.Mohanapriya MBC/DNC 111.25 Differently abled person & studied in Tamil Medium 4/9
Srl.
No.
Roll No.
Name of the selected candidate Community Marks Obtained Priority Factor S.Thangamani MBC/DNC 83.50 Destitute Widow M.Gomathi MBC/DNC 65.00 Destitute Widow & studied in Tamil Medium Mukilarasi MBC/DNC 116.75 Ex-serviceman & studied in Tamil Medium D.Jambu MBC/DNC 92.50 Ex-serviceman & studied in Tamil Medium M.Muthu MBC/DNC 107.50 Ex-serviceman
5. As per the above cut-off marks, the following candidates had been selected to the post of Junior Inspector of Sericulture under MBC/DNC (Women) (Tamil Medium) category and the details are as follows:- Srl.
No.
Roll No.
Name of the selected candidate Community Marks Obtained Priority Factor K.Gayathri MBC/DNC 135.00 Women (PSTM) S.Vasanthi MBC/DNC 127.00 Women (PSTM) V.Soniya MBC/DNC 121.75 Women (PSTM) 5/9
Srl.
No.
Roll No.
Name of the selected candidate Community Marks Obtained Priority Factor S.Vijayakala MBC/DNC 118.75 Women (PSTM)
6. The details of petitioner's communities, marks obtained and reason for the non-selection to the post of Junior Inspector of Sericulture are as follows :
Srl.
No.
Candidate Name Writ Petition No.
Communit y Marks Obtained Reason for not selected T.Lakshmi W.P.No.8771 of 2016 MBC/DC 118.25 Not reached the zone of consideration Martuthai.C.
W.P.No.15176 of 2016 SC 117.75 Dhayalan.J W.P.No.11653 of 2016 SC 99.75 Arunprasanth.M W.P.No.11653 of 2016 MBC/DC 129.5 EXPERIENCE CERTIFICATE OBTAINED FROM PRIVATE AGENCY Thulasi.C W.P.No.11653 of 2016 BC 115.5 Pasupathi.S W.P.No.11653 of 2016 BC 101.5 Tharaniraj D W.P.No.11653 of 2016 BC 101.5
7. Now, from the counter filed by the second respondent, the 6/9
picture is clear that the petitioner who is a non-priority candidate with Tamil Medium qualification has secured 118.25 for which the cut off marks i.e., non-priority with Tamil Medium Woman candidate is 118.75. Therefore, the petitioner has not been qualified for selection. The contesting respondents are coming under the privilege category and hence it cannot be equated with the petitioner. As far as the petitioner is concerned, she falls under the category of MBC Women where the cut off marks is 118.75, however the petitioner has secured only 118.25. She has secured 110.25 marks in the written examination and 8 marks in the interview and thus, overall marks works out to 118.25. Thus, she has not come under any category except she studied Tamil Medium. The cut off mark for MBC Women PSTM is 118.75 and the petitioner has not come within the zone of consideration and hence she is not eligible for appointment.
8. With respect to the seats reserved, as pointed by the learned counsel for the petitioner, for MBC, out of 51 posts, 27 is reserved for General category, 10 is reserved for Women category, General (Tamil) is 5, Women (Tamil) is 4, Women (Destitute Widow - Tamil) is 1, exservicemen category is 3 and physically challenged is 1. The petitioner 7/9
falls under the category of MBC Women (Tamil). As per the tabular column furnished above, the cut off marks was 118.75 while the petitioner has secured only 118.25. Hence, I find no merit in this petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.
11.03.2025 rgr Index : Yes/No Speaking/Non-speaking order To
1. The Principal Secretary to Government, Department of Sericulture, Nethaji Nagar, Hasthampatty, Salem - 636 007.
2.The Director, Directorate of Sericulture, Nethaji Nagar, Hasthampatty, Salem - 636 007.
8/9
RMT.TEEKAA RAMAN, J.
rgr Order in 11.03.2025 9/9