V.Vijay Kumar v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.45991 of 2025 V.Vijay Kumar ... Petitioner Vs

1. The Chairman, Tamilnadu Public Service Commission, Chennai - 600 003.

2. The Under Secretary, Tamilnadu Public Service Commission, Chennai - 600 003.

... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Certiorified Mandamus, to call for the records pertaining to the second respondent communication Memo No.1117/PSD-D2-2025 dated 25.09.2025 and quash the same and direct the respondent to appoint the petitioner to the post of Assistant Tourist Officer Grade-II, post code No.3111 after necessary on screen physical verification. 1/6

For Petitioner : Mrs.G.Devi For Respondents : Mr.Karthik Jagannath, Standing Counsel

O R D E R

This Writ Petition has been filed challenging the communication of the second respondent dated 25.09.2025, thereby informing that the petitioner has not reached the zone of consideration for physical certificate verification for the post of Assistant Tourist Officer Grade-II.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. The petitioner belongs to SC (Arunthathiyar). He is qualified with a postgraduate degree and applied for the post of Assistant Tourist Officer Grade-II as per the notification issued by the respondents. The petitioner appeared for a written examination and secured 228 marks out of

300. However, the petitioner was not called for certificate verification. Only in view of the interim order passed by this Court in W.P.No.12039 of 2025, he was informed that the petitioner was provisionally admitted to on screen 2/6

certificate verification for the post of Assistant Tourist Officer Grade-II. Thereafter, the petitioner was informed that the petitioner has not reached the zone of consideration for physical certificate verification based on his marks obtained by him on the written examination.

4. The learned Standing Counsel appearing for the respondents, on instructions, states that the petitioner belongs to SC (Arunthathiyar) community. As per the notification, 23 posts were called for, in which 17 posts were carried forwarded from the last year notification. As per the Notification, there is no vacancy in the category of SC (Arunthathiyar). The candidature of the petitioner was considered under SC (General). As per the earlier notification, there was vacancy in SC (Arunthathiyar) and it was carried forwarded under the category of SC (General). The last candidate was selected for the certificate verification secured 240 marks. Therefore, the petitioner failed to reach the zone of consideration for physical certificate verification.

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5. In this regard, Section 6 of the Tamil Nadu Arunthathiyars (Special Reservation of Seats in Educational Institutions including Private Educational Institutions and of Appointments or Post in the Services under the State within the Reservation for the Scheduled Castes) Act, 2009, which reads as follows:- "6.

Notwithstanding anything contained in the provisions of this Act or in the 1994 Act or the 2006 Act or in any other law for the time being in force, or in any judgment, decree or order of any court or other authority, having regard to the social and educational backwardness of Arunthathiyars, where seats, appointments or posts reserved for Arunthathiyars remain unfilled for want of adequate number of qualified candidates, it shall be filled up by Scheduled Castes other than Arunthathiyars with no carry forward of vacancies for Arunthathiyars and the entire reservation of eighteen percent for Scheduled Castes shall be filled up in the year of actual vacancy subject to the availability of Scheduled Castes candidates and the preference given to Arunthathiyars shall not, in any way, affect the existing principle of carry forward of vacancies for Scheduled Castes in general."

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6. Thus, it is clear that the seats, appointments or posts reserved for Arunthathiyars remain unfilled for want of an adequate number of qualified candidates, it shall be filled up by Scheduled Castes other than Arunthathiyars with no carry forward of vacancies for Arunthathiyars. Therefore, the vacancy arises under the Arunthathiyars now carry forwarded under SC (General) category and he has not reached the zone of consideration for physical certificate verification since he was secured only 228 marks and the last candidate who was subjected for the certificate verification had secured 240 marks. Therefore, this Court finds no infirmity or illegality in the communication issued by the second respondent and this Writ Petition is devoid of merits and is liable to be dismissed.

7. In the result, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. 04.11.2025 Index:Yes/No kv 5/6

G.K.ILANTHIRAIYAN, J.

kv To

1. The Chairman, Tamilnadu Public Service Commission, Chennai - 600 003.

2. The Under Secretary, Tamilnadu Public Service Commission, Chennai - 600 003.

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