Madras High Court
A.Arun Sankar vs Union Of India on 7 October, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.6883 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6883 of 2014
and M.P.Nos.1 and 2 of 2014
A.Arun Sankar ... Petitioner
-Vs-
1. Union of India,
Represented By Its The Chief Secretary to Government,
Government of Puducherry,
Chief Secretariat,
Puducherry 605 001.
2. The Secretary To Government (Education)
-Cum-Chairperson,
PONSHE (Pondicherry Society For Higher Education),
Government of Puducherry,
Chief Secretariat,
Puducherry 605 001.
3. The Member Secretary (PONSHE)
-Cum-Director of Higher & Technical Education,
PONSHE (Pondicherry Society For Higher Education),
Government of Puducherry, Pipmate Complex,
Puducherry 605 008.
4. The Vice Chancellor,
Pondicherry University,
Kalapet,
Puducherry 605 001.
5. The Chairman,
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W.P.No.6883 of 2014
University Grant Commission,
Bahadur Sha Zafar Marg,
New Delhi 110 002.
6. K.Narayanan
7. V.Jeevalakshmi
8. S.Purushothaman
9. A.Senthamil Raja
10. Balaji @ Mathimaran ...Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Certiorarified Mandamus, directing the respondents
calling for the records relating to impugned Provisional Selection (List)
Notification vide No. 527/PONSHE/Esst/E2/2013 dated 22.02.2014 published
by the third respondent for the post of Assistant Professor in Arts & Science
Colleges which functioning under aegis of third respondent's Society and quash
the same in respect of selection of candidates, whose name were find place at
Serial Nos.11 to 15 alone, i.e., selection in respect of respondent Nos.6 to 10
alone, those who were selected for the post of Assistant Professor in Commerce
Discipline, and consequently direct the respondent Nos.2 to 3 to conduct fresh
“Selection Process” by strictly following/adhering Regulations framed by
University Grants Commission (UGC) under University Grants Commission
(UGC) (Minimum Qualification for appointment of Teachers and other
Academic Staff in Universities and Colleges and other Measurers for the
Maintenance of Standards in Higher Education) Regulations, 2010 and other
norms and rules framed by University Grants Commission (UGC) under
University Grants Commission (UGC) Act, 1956.
For Petitioner : Mr.Prakash Adiapadam
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W.P.No.6883 of 2014
For R1 and R2 : Mr.V.Vasantha Kumar
Additional Government Pleader (Pondy)
For R3 : Mr.M.Naveen
For R4 : Mr.V.Balamurugane
For R6 : Mr.S.Venkataraman
For R7 to R10 : Notice served
No appearance
ORDER
This Writ Petition has been filed challenging the previous selection list notification dated 22.02.2014 published by the third respondent for the post of Assistant Professor in Arts & Science Colleges which are functioning under aegis of third respondent's Society in respect of selection of candidates, whose names were found place at Serial Nos.11 to 15 alone, i.e., selection in respect of respondent Nos.6 to 10 alone, for the post of Assistant Professor in Commerce Discipline.
2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader (Pondy) for the first and second respondents, the learned counsels for the respondents 3, 4 and 6. Though notice was served on the respondents 7 to 10 and the names have been printed in the cause list, today, no one appeared on behalf of the respondents 7 to 10 either in person or through pleader.
3. The petitioner is the permanent resident of Union Territory of Page 3 of 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 12:57:42 pm ) W.P.No.6883 of 2014 Puducherry. He falls under the category of MBC as per G.O.Ms.No.27/2004- Wel (SW-V) dated 14.07.2004. After completing his B.Com degree, in the month of August, 2006, he had also completed his M.Com degree in the month of May 2008. He had cleared the National Eligibility Test for Lectureship on 13.06.2011 and as such, he is eligible to be appointed as Assistant Professor. While he was pursuing his Ph.d in Commerce in Pondicherry University, the third respondent issued a notification dated 15.04.2013, thereby inviting applications from eligible persons for filling up vacant posts of Assistant Professor in various disciplines to work in the Arts and Science Colleges, which is functioning under the aegis of the third respondent.
4. As per the notification, there were 15 vacancies in various disciplines. The reservation was mentioned as unreserved – 7, OBC – 4, SC – 2, ST – 2. The petitioner is fully eligible to apply for the post of Assistant Professor in the Commerce discipline under OBC category. The petitioner was called for the interview on 07.02.2014 and the third respondent informed that the interview and certificate verification were to be held on 21.02.2014. After completion of certificate verification, the petitioner attended the interview. Thereafter, the third respondent published the provisional selection list on 22.02.2014, wherein the Serial Nos.11 to 15/respondents 6 to 10 herein were successful candidates Page 4 of 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 12:57:42 pm ) W.P.No.6883 of 2014 and they were provisionally selected for the post of Assistant Professor in Commerce Discipline in Arts and Science Colleges in Union Territory of Puducherry under the aegis of third respondent.
5. On verification, the petitioner found that the respondents 7 to 9 herein are not the residents of Union Territory of Puducherry and they are the residents of Tamil Nadu. But the 6th respondent is the native of Puducherry and all of them were selected under reserved quota which is exclusively reserved and created for the candidates who belong to the Union Territory of Puducherry.
6. Though the learned counsel for the petitioner raised several grounds, he vehemently contended that the candidates who belong to the native of Puducherry alone are entitled to be appointed under the reservation category. Those candidates from outside the Union Territory are not eligible to be appointed under reserved quota in the Union Territory of Puducherry.
7. In support of his contention, he relied upon the Judgment of the Hon'ble Division Bench of this Court in 2015 1 LW 956 in the case of J.Kumaran Vs Union of India, represented by the The Chief Secretary to Government, Government of Puducherry and others, in which the Hon'ble Page 5 of 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 12:57:42 pm ) W.P.No.6883 of 2014 Division Bench of this Court dealt with the issue in respect of Puducherry Judicial Services and held that the candidates belonging to Puducherry Union Territory alone are entitled to get reservation for appointment to the post of Civil Judges (Junior Division). It is relevant to extract the portion of the Judgment as follows:-
“ 12. The Union Territory of Puducherry notified the list of backward class, eligible for reservation containing 49 castes/communities through G.O.Ms.No.9/2001-Wel.(SW-II), dated 19.2.2001 gazetted in the Gazette of Government of Pondicherry. The Government of Puducherry also issued G.O.Ms.No.40 Revenue Department, dated 12.12.2002 and issued guidelines for issuing nativity certificate. Nativity Certificate can be issued to candidates, who have been born in the Union Territory of Puducherry and should have ordinarily resided within the Union Territory, prior to the date of notification for getting ordinary residence certificate. Second category of candidates who are continuously residing for five years in the Union Territory, prior to the date of application are also eligible to get nativity certificate. Thus, it is evident that residence of five years is mandatory to get nativity certificate for a person, who has not born in the Union Territory of Puducherry.
13. It is not disputed by the learned counsel appearing for the third respondent that the persons who are ordinarily residing or native of Puducherry Union Territory are not permitted to claim reservation benefits in the State of Tamil Nadu more particular in the ongoing selection of Civil Judge (Junior Division) notified by the TNPSC. Insofar as the Puducherry Union Territory is concerned, no post is reserved for ST and the list of Scheduled Caste Community in Puducherry Union Territory is notified by the President of India in exercise of powers conferred under Clause (1) of Article 341 of the Constitution of India, in the Constitution Page 6 of 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 12:57:42 pm ) W.P.No.6883 of 2014 (Pondicherry) Scheduled Castes Order, 1964. In the said notification also it is stated that the Scheduled Castes in relation to the Union Territory of Pondicherry so far as members of the list of 16 communities, shall be resident in that Union Territory. Thus, residential status is one of the requirement to claim Scheduled Caste status by the notified communities for claiming reservation right under the Presidential Order in Puducherry Union Territory.
14. The issue as to whether reservation benefits granted by a State or Union Territory by exercise of power under Clause (4) of Article 16 or notification issued under Clause (1) of Article 341 or Clause (1) of Article 342 shall be restricted to the residents of the State/Union Territory came up before the Constitution Bench of the Supreme Court in the decision reported in (1990) 3 SCC 130 (Marri Chandra Shekhar Rao v. Dean, Seth G.S.Medical College).
Though the said case relates to College admission, it is held therein that reservation benefit is granted based on the residence, where the boy or child, who grows in the area where there is disadvantage bearing in mind that protection is necessary for disadvantaged castes or Tribes. It was held that candidate who possess ST certificate from Maharashtra is not entitled to get admission in the State of Andhra Pradesh as he is not a domicile from Andhra Pradesh.
15. The Honourable Supreme Court in the decision reported in (2009) 15 SCC 458 (Subhash Chandra v. Delhi Subordinate Services Selection Board) considered the grant of reservation in posts for which the candidate is selected viz., a person is to be selected in the State service and the State run institution including the Union Territory services and Union Territory run institutions and central institutions and institutions run by Central Government. It is held therein that in the State service and State run institution, the reservation whether for admission or appointment must confine to the members of the SC and ST as notified in the Presidential Order, issued for the State or Union Territory. In respect of All India Services, Central Civil Services or Page 7 of 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 12:57:42 pm ) W.P.No.6883 of 2014 admission to an institution run and funded by the Central Government, the members of the SC and ST and other reserved category candidates, irrespective of their State for which they have been notified, are entitled to the benefits and the services in the State or Union Territory is essentially different from All India Services.”
8. Thus, it is clear that for claiming reservation either under OBC category or SC category in the services of Union Territory of Puducherry, a candidate must be a resident of Union Territory of Puducherry and the candidates belonging to any other state can compete only under General/Unreserved category.
9. In the present case, there were 8 vacancies notified under the reservation quota. Under Unreserved category - 7 posts, under OBC category - 4 posts, under SC category - 2 posts and under ST category - 2 posts, totally 15 posts.
10. A perusal of the counter affidavit filed by the respondents 2 and 3 herein and also on the submissions made by the learned Additional Government Pleader (Pondy) for the second respondent and the learned counsel for the third respondent revealed that in order to fill up 15 vacancies including 5 vacancies in the discipline of Commerce, the third respondent had issued a notification, thereby inviting applications from eligible candidates. Further, the selection and Page 8 of 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 12:57:42 pm ) W.P.No.6883 of 2014 recruitment is on All India Basis and not restricted to the natives of the Union Territory of Puducherry alone. There is no reservation for the natives of the Union Territory of Puducherry. It is completely against the Judgment passed by the Hon'ble Division Bench of this Court and also confirmed in the Review Applcation Nos.69 and 70 of 2015 reported in 2015 4 Mad LJ 644. They further submitted that aggrieved by the order passed by the Hon'ble Division Bench of this Court, they also preferred Special Leave Petition before the Hon'ble Supreme Court of India and it is pending without any interim order.
11. Therefore, there is an impediment for this Court to decide this matter and the Judgment relied upon by the learned counsel for the petitioner is squarely applicable to the case on hand. In this case, the selection list for the post of Assistant Professor in Commerce discipline is under challenge on the very same ground that the third respondent is a Society funded and managed by the Government of Puducherry. Therefore, in order to claim reservation either under OBC category or SC/ST categories in the services of Union Territory of Puducherry, the candidate must be a resident of Union Territory of Puducherry and the candidates belonging to any other State can compete only under General/Unreserved category.
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12. Admittedly, the 6th respondent herein belongs to Union Territory of Puducherry and as such, he was rightly selected under the reserved category. Insofar as the respondents 7 to 10 are concerned, they belong to the resident of Tamil Nadu and they were also selected for the post of Assistant Professor in the discipline of Commerce department.
13. In view of the above, the Provisional Selection (List) Notification vide No. 527/PONSHE/Esst/E2/2013 dated 22.02.2014 published by the third respondent for the post of Assistant Professor in Arts & Science Colleges which functioning under aegis of third respondent's Society is hereby quashed in respect of S.Nos.12 to 15 alone, who were selected for the post of Assistant Professor in Commerce discipline. The respondents 2 and 3 are directed to conduct fresh selection process by strictly adhering the regulations framed by the University Grants Commission and follow the reservation as per the notification dated 15.04.2013 in the light of the above observations made by this Court.
14. Accordingly, this writ petition stands partly allowed. Consequently, connected Miscellaneous petitions are closed. No costs. Page 10 of 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 12:57:42 pm ) W.P.No.6883 of 2014 07.10.2025 Internet: Yes Index : Yes/No Neutral Citation: Yes/No Speaking/Non Speaking order mn Page 11 of 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 12:57:42 pm ) W.P.No.6883 of 2014 To
1. The Chief Secretary to Government, Union of India, Government of Puducherry, Chief Secretariat, Puducherry 605 001.
2. The Secretary To Government (Education)
-Cum-Chairperson, PONSHE (Pondicherry Society For Higher Education), Government of Puducherry, Chief Secretariat, Puducherry 605 001.
3. The Member Secretary (PONSHE)
-Cum-Director of Higher & Technical Education, PONSHE (Pondicherry Society For Higher Education), Government of Puducherry, Pipmate Complex, Puducherry 605 008.
4. The Vice Chancellor, Pondicherry University, Kalapet, Puducherry 605 001.
5. The Chairman, University Grant Commission, Bahadur Sha Zafar Marg, New Delhi 110 002.
G.K.ILANTHIRAIYAN. J, Page 12 of 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 12:57:42 pm ) W.P.No.6883 of 2014 mn W.P.No.6883 of 2014 07.10.2025 Page 13 of 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 12:57:42 pm )