Shelburne Right G v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22541 of 2025 and W.M.P.(MD) No.17658 & 17659 of 2025 G.Shelburne Right : Petitioner Vs.

1. The Secretary, Tamil Nadu Public Service Commission, Tnpsc Road, V.O.C . Nagar, Park Town, Chennai 600 003.

2. The Secretary to the Government, Department of Museum, Secretariat, Chennai - 600 009.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Provisional Selection List dated 17.03.2025 published in the respondent No.1 website and the consequential impugned order in Memorandum No. 45-08/81/2025GRD-MM/PSD-H3 dated 08.07.2025 on the file of the respondent No.1 and quash the same illegal and consequentially for a direction, directing the respondents to select and appoint the petitioner in the post of Assistant Curator within the time period stipulated by this Court. 1/6

For Petitioner : Mr.G.Karthik for M/s.Roy and Roy Associates For Respondents : Mr.K.Balasubramanian (R2) Special Government Pleader Mr.J.Anandhakumar (R1)

ORDER

This writ petition has been filed challenging the impugned Provisional Selection List dated 17.03.2025 published in the respondent No.1 website and the consequential impugned order in Memorandum No. 45-08/81/2025-GRD-MM/PSD-H3 dated 08.07.2025 on the file of the respondent No.1 and consequentially seeking for a direction to the respondents to select and appoint the petitioner in the post of Assistant Curator within the time period stipulated by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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3. The learned counsel appearing for the petitioner would submit that the petitioner participated in the selection to the post of Assistant Curator in Zoology and Anthropology, under the combined technical services examination (non interview posts). The petitioner is the candidate having 60% benchmark disability and his disability rank was mentioned as MD1, which denotes multiple disabilities and hence, the petitioner is entitled to be considered for the said post under the disability category. However, his registration number was not listed in the selection list and subsequently, the petitioner's representation seeking appointment has also been rejected, which are impugned in this writ petition.

4. The learned counsel appearing for the petitioner submitted that if the selection process is adopted by vertical reservation, the petitioner will come under the zone of consideration for appointment. However, the appointing authorities adopted horizontal reservation, which is unsustainable one, and thereby, the petitioner was not able to come within the zone of consideration. The petitioner made a representation with regard to the same. However, the authorities, without considering these aspects, simply rejected the petitioner's candidature. 3/6

5. The learned counsel appearing for the first respondent would submit that if the petitioner wanted to opt the vertical reservation, instead of horizontal, he ought to have made a representation prior to the selection process. Now, the selection is completed and eligible candidates were appointed. Since the petitioner has not come under the zone of consideration, he has not been selected. He would further submit that the posts of Assistant Curator (Archaeology)(1848) and Assistant Curator (Pudukottai Government Museum) (3369), which the petitioner seeks, have been withdrawn vide addendum dated 30.07.2024.

6. On perusal of the records, it is seen that the posts of Assistant Curator (Archaeology)(1848) and Assistant Curator (Pudukottai Government Museum) (3369), for which posts the petitioner applied, have been withdrawn vide addendum dated 30.07.2024. Further, the petitioner has not reached the zone of consideration for the aforesaid posts. In view of the same, the prayer sought for by the petitioner in this writ petition is totally misconceived and the same is liable to be 4/6

dismissed. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 19.08.2025 Index : Yes / No NCC : Yes / No Sm 5/6

M.DHANDAPANI, J.

Sm To:-

1. The Secretary to the Government, Department of Museum, Secretariat, Chennai - 600 009.

W.P.(MD) No.22541 of 2025 19.08.2025 6/6