R.Hariharan, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2015

CORAM:

THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.25966 of 2012 R.Hariharan ... Petitioner Vs.

1. The State of Tamil Nadu, rep. by its Secretary to Govt., Personnel & Administrative Reforms Dept., Secretariat, Chennai 600 007.

2. The State of Tamil Nadu, rep. by its Secretary to Govt., Tamil Development, Religious Endowments and Information Dept., Chennai-9.

3. The Tamil Nadu Public Service Commission, rep. by its Secretary, Commercial Taxes Building Annex I, Chennai 06 ... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying to issue a writ of declaration declaring Advertisement No.274 dated 16.4.2011 to the limited extent of providing reservation for persons studied in Tamil Medium in 31% allotted for General Turn Candidates under the Tamil Nadu Appointment on preferential basis in the services under the State of persons studied in Tamil Medium Rules 2010 and for the vacancies in all categories that arose upto 29.9.2010 and the reservation allotted for differently abled person in this selection and the consequential selection made by the third respondent in the Select List dated 5.7.

2012 and the nonselection of the petitioner herein and to consequently direct the respondents herein to declare the petitioner (Regn. No.00102059) as selected for recruitment for the post of Asst. Commissioner in Hindu Religious and Charitable Endowments Dept., included in the Group-IB service for the year 2009-2011 and to appoint him as such, in accordance with ranking and marks scored by him with all consequential benefits.

For petitioner :

Mr.M.Ravi For respondents :

Mr.P.Chinnadurai, Government Advocate for R1 & R2 M/s.C.N.G.Niraimathi for R3

O R D E R

Heard the learned counsels appearing on behalf of the parties concerned.

2. At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the 3rd respondent had placed before this Court, a counter affidavit, stating that a candidate belonging to BC [G]-1 category, who had secured 510 marks, had been selected for the post of Assistant Commissioner, Hindu Religious and Charitable Endowments Department. It is not in dispute that the petitioner, who belongs to the Backward Community, has scored only 508 marks and has been placed in the Reserve List for the said post, in position No.1, against GT [General] and BC [OBCM] category.

3. In such circumstances, the present Writ Petition stands dismissed. No costs. M.P.No.1 of 2012 is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gs.

To

1. The Secretary to Govt., State of Tamil Nadu, Personnel & Administrative Reforms Dept., Secretariat, Chennai.

2. The Secretary to Govt., State of Tamil Nadu, Tamil Development, Religious Endowments and Information Dept., Chennai-9.

3. The Secretary, Tamil Nadu Public Service Commission, Commercial Taxes Building Annex I, Chennai.

+1cc to M/s.M.Ravi, Advocate, S.R.No.58201 +1cc to the Government Pleader, S.R.No.58626 W.P. 25966 of 2012 RSK(CO) CA(20/11/2015)