Madras High Court
M.Chitra … vs The Additional Chief Secretary / ... on 25 April, 2023
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 7341 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No.7341 of 2023
and
W.M.P. Nos. 7419 and 7420 of 2023
M.Chitra … Petitioner
-vs-
1.The Additional Chief Secretary / Commissioner
of Revenue Administration, Chennai – 600005.
2.The District Collector
Dharmapuri District, Dharmapuri-636 705.
3.The Tahsildar
Karimangalam Taluk
Dharmapuri District.
4.Tmt.Lavanya ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Certiorarified Mandamus calling for the
records relating to the impugned order passed by the 3rd respondent in his
Pro.Na.Ka. No.3295/ 2022/ A4 dated 13.01.2023 in so far as it relates to the
appointment of 4th respondent herein is concerned as Village Assistant of
Bandharahalli village by changing the communal rotation from MBC/ DNC-
NP-W-DW to BC (Other than Muslims)-PY-GL quash the same as arbitrary
https://www.mhc.tn.gov.in/judis
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W.P. No. 7341 of 2023
and illegal and consequently direct the respondents 1 to 3 herein to appoint the
petitioner herein as Village Assistant of Bandharahalli Village Karimangalam
Taluk Dharmapuri District as per communal rotation as mentioned in the
Notification dated 10.10.2022 issued by the 3rd respondent herein
For Petitioner : Mr. R.Thamaraiselvan
For Respondents : Mrs. R.Anitha
Special Government Pleader
(R1 to R3)
ORDER
Heard Mr. R.Thamaraiselvan, Learned Counsel for the Petitioner and Mrs. R.Anitha, Learned Special Government Pleader appearing for the First to Third Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2. The Petitioner claims to be a widow with two children aged about 12 and 10 years respectively doing coolie work and belonging to the Most Backward Class and though she had registered herself in the employment exchange in the year 2017, she has not been able to secure any suitable job till date.
3. In furtherance to the Notification No. 1/2022 dated 10.10.2022 issued by the Third Respondent inviting applications for 9 posts of Village Assistants, https://www.mhc.tn.gov.in/judis 2/14 W.P. No. 7341 of 2023 she had made an application. According to her, the said posts at Bandharahalli Village No. 7 has been reserved for Most Backward Class (MBC/DNC-NP-W-DW) candidates under rotation, but instead of selecting her, the Fourth Respondent, who belongs to Backward Class category has been appointed by Order in Pro. Na. Ka. No. 3294/2022/A4 dated 13.01.2023 passed by the Third Respondent, which is challenged in this Writ Petition.
4. In response, while highlighting that the said claim made by the Petitioner is misconceived, the Third Respondent has filed Counter-Affidavit dated 24.04.2023 stating as follows:-
“5. I humbly submit that the Notification was published in the Tamil Daily "Thinamani" Dated: 11-10-2022 and in the "Malaimalar" Dated: 11-10-2022 in the publication circle of Dharmapuri District. I submit that the above notification was published for the direct recruitment posts of Village Assistants in the following 9 Villages of the Karimangalam Taluk of the Dharmapuri District: 1. Pannikulam, 2. Bathalahalli,
3. K.Echampatti, 4. Murugampatti, 5. Mallikuttai, 6. Thindal, https://www.mhc.tn.gov.in/judis 3/14 W.P. No. 7341 of 2023
7. Bandharahalli, 8. Karimangalam and 9. Nariyanahalli Villages.
6. I respectfully submit that in the above said Notification, the District Administration, this Office has stipulated the mandatory conditions pertaining to the mode of application procedure, educational qualifications, age limits and its jurisdictional limits. I submit that in addition to the above conditions, the communal rotation basis for the entire Taluk were also disclosed in the Notification itself. I further submit that as per the Notification, there was no condition stating that each village assistant post for the particular village would be based on the Communal rotational basis.
7. I humbly submit that the communal rotatory selection for the post of Village Assistants in the Karimangalam Taluk is cumulative of the entire 9 posts in the entire Karimangalam Taluk and is not restricted to the posts of concerned Village Assistants in a particular Village having vacancy in the Karimangalam Taluk. I submit that for the purpose of the https://www.mhc.tn.gov.in/judis 4/14 W.P. No. 7341 of 2023 elucidation the communal rotation basis of selection was made up, in strict accordance with the G.O. Ms. No. 40 Personnel and Administrative Reforms (S) Department Dated: 30-04-2014 read along with Schedule V of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (hereinafter referred to as "the Act") governed by the Section 27(e) of the Act.
8. I humbly submit that to the true sprit and substance of the above mentioned G.O. Ms. No. 40 and in consonance with the Schedule V of the Act, the District Administration had implemented the communal selection roaster of the Village for turn 1 to turn 9 are as follows:
Selection/ Category of Selection
Rotation
No.
1 General Community – Priority – General List
(GT-PY-GL)
2 Schedule Case Adi Dravidar / Arunthathiyar – Priority –
Women – Person studied in Tamil Medium – Destitute Widow (SC/SCA-PY-W-PSTM-DW) 3 Most Backward Class and De Notified Community – Priority – General List (MBC/DNC – PY – GL) 4 Backward Class (Other than Muslims) – Priority – General List (BC (other than muslims) – PY – GL) https://www.mhc.tn.gov.in/judis 5/14 W.P. No. 7341 of 2023 Selection/ Category of Selection Rotation No. 5 General Community – Non Priority – Women – Destitute Widwo (GT-NP-W-DW) 6 Schedule Caste – Priority – General List (SC- PY-GL) 7 Most Backward Class and De Notified Community – Non Priority – Women – Destitute Widow (MBC/DNC – NP – W – DW) 8 Backward Class (Other than Muslims) – Non Priority – Women – Destitute Widow (BC(other than Muslims) – NP – W – DW) 9 General Community – Non Priority – General List (GT-NP-GL)
9. I respectfully submit that nowhere in the Notification it was published that each rotation number would be allocated to a particular Village. I submit that the Petitioners on their own misconception had misinterpreted the actual meaning of the Notification that each rotation applies to each particular Village and had created certain misconceived thoughts, which is not bound under the statutes governing the appointment of the Village Assistants.
10. I humbly submit that the contentions of the Petitioners in Para 4 and 5 of the present Writ Petitions are strictly denied https://www.mhc.tn.gov.in/judis 6/14 W.P. No. 7341 of 2023 and the Petitioner is put to strict proof of the same. I submit that about 1089 Applications were received from the General Public through Online mode, based on the above-mentioned Notification for the posts of Village Assistants in the Karimangalam Taluk. I submit that out of the total applied candidates, only 735 candidates appeared for the written exam conducted on 04-12-2022, only 499 Candidates turned up for the final interview conducted between 23-12-2022 to 10-01-2023. I further submit that all the 735 candidates who had appeared for the written exam were called upon for the interview, but unfortunately only 499 candidates turned up for the final interview and the remaining 236 candidates who had appeared for the written exam remained absent for the Interview for the reasons best known to them. I respectfully submit that marks were awarded to each candidate under various categories strictly in accordance with the 1st Respondent's Letter Lr. No. R.A. 2(2)/13808/2015 Dated: 07-11-2020 issued in consonance with the Order of this Hon'ble Court in W.P. (MD) No. 19924 of 2013 Dated: 04-06-2019 - V. Parvathi Vs. Secretary to Government and 6 Others.
https://www.mhc.tn.gov.in/judis 7/14 W.P. No. 7341 of 2023
11. I humbly submit that with respect to the appointment of the Village Assistant, each taluk is to be treated as separate unit. It is stated that marks are to be given to the Candidates based on their educational qualification, nativity, knowledge to read and wirte in Tamil and ability to ride bicycle etc. It is submitted that the Government as a model employer had properly selected eligible candidates as per merit and communal rotation. Government as a model employer had properly selected eligible candidates as per merit and communal rotation.
12. I respectfully submit that based on the individual scores as obtained by each candidate, cumulative final list of candidates were selected based on the Rotational basis as adopted in the Notification. I submit that the list of Selected candidates along with their individual scores are listed below:
Selection / Category of Name of the Community Marks Rotation Selection Selected candidate obtained No. 1 GT – PY - GL Mr.Sugumar SC 93 (1st Mark) https://www.mhc.tn.gov.in/judis 8/14 W.P. No. 7341 of 2023 Selection / Category of Name of the Community Marks Rotation Selection Selected candidate obtained No. 2 SC / SCA – PY – Tmt.Saritha SC 81 W – PSTM - DW (Destitute Widow) 3 MBC/DNC-PY- Tmt. Vijayalakshmi MBC 92 nd GL (2 Mark) 4 BC (other than Tmt.Lavanya BC 92 Muslims)-PY-GL (PSTM) (2nd Mark) 5 GT-NP-W-DW Tmt.Gomathi BC 76 (Destitute Widow) 6 SC-PY-GL Tmt. Vanmathi SC 75 (Destitute Widow) 7 MBC/DNC-NP- Tmt. Rajalakshmi MBC 72 W-DW (Destitute Widow) 8 BC (other than Tmt. Brundha * BC 91 Muslims)-NP-W- (3rd Mark) DW 9 GT-NP-GL Mr. Sekar SC 91 (3rd Mark) The Petitioner herein had scored 84 marks and belongs to the MBC Category and since S.No. 3 had scored 92 marks and since S.No. 7 is a Destitute Widow, they were appointed. The 4th Respondent is appointed in BC Category and the Petitioner cannot have any quarrel with the said appointment.
13. I humbly submit that except for Sl. No. 8, all candidates were selected based on their concerned Selection category. I submit that as there was no Bacward Class women candidate https://www.mhc.tn.gov.in/judis 9/14 W.P. No. 7341 of 2023 under Destitute Widow Category, in accordance with Government Gazette No. 27 Dated: 03-07-2019 witch states as follows:
“(2) Fwpg;gpll; gjtpfSf;fhf ,lxJf;fPL tpjp eilKiwapy; ,Ue;jhYk; my;yJ ,y;yhtpoDk;. neuo epakdj;jpd; nghJ midj;J fhypg;gzpapl';fSf;Fk; Fiwe;jst[ 30 tpGf;fhL fhypg;gzpapl';fs; bgz;fSf;bfd xJf;fg;gl ntz;Lk;/ ,lxJf;fPL tpjp elKiwapy; ,Uf;Fk; gzpapl';fspy; bgz;fSf;bfd xJf;fg;gLk; 30 tpGf;fhL gzpapl';fspYk; Vw;fdnt eilKiwapy; cs;s gl;oay; rhjpapdh;. gl;oay; gH';Foapdh;. gpwg; Lj;jg;gl;l ,Ryhkpah;. gpwg; Lj;jg;gl;nlhh;. kpft[k; gpw;gLj;jg;gl;nlhh;/rPh;kugpdh; kw;Wk; bghJg;gph[pt[ nghd;nwhUf;fhd ,lxJf;fPl;L tpjpfSk; gpdg; w;wg;gl ntz;Lk;/ v";rpas [ s ; 70 tpGf;fhL fhypg;gzpapl';fSf;Fk; bgz;fs; Mz;fSld; nghl;oapl chpik bgw;wth;fshthh;/ tuk;g[iuahf. juCjpak; U:gha;/ 2800 (U:gha; ,uz;lhapuj;J vz;Qq}Wf;F) kpfhky; ,Uf;Fk; gzpapl';fSf;fhd neuo gzp epakdj;jpd;nghJ. bgz;fSf;bfd xJf;fg;gLk; 30 tpGf;fhl;oy; gj;J tpGf;fhl;oid Mjutw;w tpjitf;bfd xJf;fg;gl ntz;Lk/; xt;bthU https://www.mhc.tn.gov.in/judis 10/14 W.P. No. 7341 of 2023 gj;J fhypgzpapl';fspYk; Kjy; fhypg;gzpaplk; Mjutw;w tpjitf;bfdt[k; bgz;fSf;bfd ,dthupahf bghJg;gphptpdh;. gpw;gLj;jg;gl;l ,Ryhkpah;. gpwg; Lj;jg;gl;l tFg;gpdh;. kpft[k; gpw;gLj;jg;gl;l ,dj;jth;/ rPh;kugpdh;. gl;oay; rhjpapdh; kw;Wk; gl;oay; gH';Foapdh; vd;wthW xJf;fg;gl;l gzpapl';fspYk; xt;bthU gj;J fhypg;gzpapl';fspYk; Kjy; fhypg;gzpaplk; Mjutw;w tpjitfSf;bfd xJf;fg;gl ntz;Lk;/ jFjptha;e;j bghUj;jkhd Mjutw;w tpjit ,y;yhj neh;tpy;. Mjutw;w tpjpitfSf;fhf xJf;fg;gl;l RHw;rp Kiwahd Fwpg;gpll; ,dj;ijr; nrh;e;j (Mjutw;w tpjit my;yhj) bgz;fSf;fhf xJf;fg;gLk;/”
14. I respectfully submit that the contentions and allegations of the Petitioners in Para 6 and 7 and the Grounds of the Writ Petitions is strictly denied and the Petitioner is put to strict proof of the same. I submit that the Petitioners herein without verifying the actual pith and substance of the Notification and its governing laws, had depicted a misconceived picture on her own and has filed the present Writ Petition, which is highly illegal and preposterous in the eyes of law. https://www.mhc.tn.gov.in/judis 11/14 W.P. No. 7341 of 2023
15. I humbly submit that the communal rotation as mentioned in the Notification is applied for cumulative Selection process as stipulated in the G.O.'s. I submit that based on the marks obtained by the candidates in their respective lists, they were selected for the above mentioned 9 posts, strictly in accordance with the procedures and guidelines emancipated. I submit that the Petitioner despite scoring low marks in her respective priority categories and on her mis notion had understood in a manner known to her and had approached this Hon'ble Court, even before preferring an Appeal to the District Administration.
16. I respectfully submit that the Petitioner herein without even clarifying the communal rotational basis trough proper medium, has approached this Hon'ble Court in a hastened manner, with an illegal and hidden agenda. I submit that from the Orders passed by the 3rd Respondent herein, it can be easily inferred that the District Administration has not violated any rules and conditions governing the Appointment of the Village Assistants. I submit that the Petitioner with an sole motive to achieve her hidden agenda to join the Government Job, has filed https://www.mhc.tn.gov.in/judis 12/14 W.P. No. 7341 of 2023 the present Writ Petition in a frivolous manner. I respectfully submit that the District Administration has conducted the selection process of the Village Assistants in a fair and transparent manner.” As the said explanation of the Third Respondent deserves acceptance, it is not possible to countenance the claim made by the Petitioner in this case.
In the result, the Writ Petition, which is devoid of merits, is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs.
25.04.2023 kst Index: Yes/No Note: Issue order copy by 04.10.2023.
To
1.The Additional Chief Secretary / Commissioner of Revenue Administration, Chennai – 600005.
2.The District Collector Dharmapuri District, Dharmapuri-636 705.
3.The Tahsildar Karimangalam Taluk Dharmapuri District.
https://www.mhc.tn.gov.in/judis 13/14 W.P. No. 7341 of 2023 P.D. AUDIKESAVALU, J.
kst W.P. No. 7341 of 2023 25.04.2023 https://www.mhc.tn.gov.in/judis 14/14