Madras High Court
N.S.Rizwana Fathima vs The Chairman And Managing Director
W.P.(MD)No.6980 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 29.11.2024
DELIVERED ON :06.12.2024
CORAM:
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD)No.6980 of 2017
and
W.M.P(MD)Nos.5505 & 5506 of 2017
N.S.Rizwana Fathima ... Petitioner
Vs.
1.The Chairman and Managing Director,
Tamilnadu Generation and Distribution-
Corporation Limited (TNEB),
No.144, Anna Salai,
Chennai-600 002.
2.The Chief Engineer (Personnel)
Tamilnadu Generation and Distribution-
Corporation Limited (TNEB),
No.144, Anna Salai,
Chennai-600 002.
3.C.Venkatesh ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records of the impugned selection list for the selection of Assistant Engineer/
Mechanical by Direct Recruitment 2015-17 published by the Tamilnadu
Generation and Distribution Corporation Ltd., and quash the same insofar as
it pertains to the third respondent is concerned and to direct the respondents
1 and 2 to appoint the petitioner in the post of Assistant
Engineer /Mechanical under General Turn (PSTM) in Tamilnadu Generation
https://www.mhc.tn.gov.in/judis
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W.P.(MD)No.6980 of 2017
and Distribution Corporation Limited as mandated under the Tamilnadu
Appointment on preferential basis in the service under the state of Persons
Studied in Tamil Medium Act and Rules, 2010.
Prayer in W.M.P(MD)No.5505 of 2017 : Writ Miscellaneous Petition filed
under Article 226 of the Constitution of India, praying this Court to dispense
with the filing of Original impugned selection list for the selection of
Assistant Engineer/ Mechanical by Direct Recruitment 2015-17 published by
the Tamilnadu Generation and Distribution Corporation Ltd.
Prayer in W.M.P(MD)No.5506 of 2017 : Writ Miscellaneous Petition filed
under Article 226 of the Constitution of India, praying this Court to grant
interim injunction against the appointment of third respondent vide the
impugned selection list for the selection of Assistant Engineer/Mechanical by
Direct Recruitment 2015-17 published by the Tamilnadu Generation and
Distribution Corporation Ltd., in the post of set apart on preferential basis for
the person studied in Tamil medium till the disposal of this writ petition.
For Petitioner : Mr.B.Rooban
For R1 & R2 : Mr.B.Ramanathan,
Standing Counsel.
ORDER
Heard both sides.
1. The petitioner has filed this writ petition challenging the exclusion of her name from the selection list published by the 2nd https://www.mhc.tn.gov.in/judis 2 of 10 W.P.(MD)No.6980 of 2017 respondent for the Assistant Engineer/Mechanic post. The 2nd respondent had issued Notification No. 01/2015 dated 28.12.2015, inviting applications for the direct recruitment of 25 posts of Assistant Engineer/Mechanic.
2. The petitioner, a Backward Class Muslim candidate who studied Bachelor of Engineering in Tamil Medium, applied for the post. She participated in the written examination and oral interview, securing 33.625 consolidated marks. The petitioner contends that, as per the notification, out of the 25 posts, 7 posts were categorized under the General category, and 1 post was reserved for Backward Class Muslims. Additionally, the notification specified that 20% of the posts were reserved for candidates who had studied in Tamil Medium (PSTM candidates).
3. The petitioner’s grievance is that under the General-Priority PSTM category, the 3rd respondent was selected despite not having studied in Tamil Medium. She submits that the PSTM post was filled with a Non-PSTM candidate, despite her eligibility as a qualified PSTM candidate. She argues that the selection of the 3rd respondent, a Non- https://www.mhc.tn.gov.in/judis 3 of 10 W.P.(MD)No.6980 of 2017 PSTM candidate, violates the reservation policy, and the 1st and 2nd respondents have disregarded the legal mandate for reservation.
4. The respondents stated that, based on the details provided by the petitioner, she had studied B.E. (Mechanical) in Tamil Medium and belongs to the Backward Class Muslim (BCM) category. Therefore, she was eligible to compete under multiple categories, including General Quota, General Quota - Woman, General Quota - PSTM, BCM - General, BCM - Woman, BCM - PSTM, and BCM - Woman - PSTM.
5. They further clarified that, while it is admitted that the 3rd respondent studied in English Medium, he falls under the priority category as a dependent of an Ex-serviceman. Since no PSTM candidates were available in the General Priority category (Ex-servicemen), the 3rd respondent, a Non-PSTM candidate and Ex-servicemen dependent, was appointed to the post.
6. There is no dispute regarding the vertical reservation made by the 1st and 2nd respondents or the non-selection of the petitioner under the https://www.mhc.tn.gov.in/judis 4 of 10 W.P.(MD)No.6980 of 2017 BCM-Priority category. The crux of the case is, in the event of non- availability of the General Priority-PSTM candidate to whom the said post is to be allotted.
7. The petitioner contends that if no General Priority-PSTM candidates are available, the post should be allotted to a General PSTM candidate, disregarding the priority basis. In contrast, the respondents argue that when the General Priority PSTM candidates are not available, the post should be allotted to a General Priority candidate. Furthermore, they assert that within the General Priority (horizontal) reservation, non- priority General candidates cannot compete.
8. The general information provided in Clause 5 of the Notification regarding the 20% reservation for the PSTM category is extracted below:
B. In G.O.(Ms)No.145, Personnel and Administrative Reforms (S) Department, dated 30.09.2010, and G.O.(Ms)No. 40, Personnel and Administrative Reforms (S) Department, dated 30.04.2014 the Government have issued orders to fill up 20% of all vacancies in direct recruitment on preferential basis to persons who studies the prescribed qualification in Tamil Medium. The 20 % reservation of vacancies on https://www.mhc.tn.gov.in/judis 5 of 10 W.P.(MD)No.6980 of 2017 preferential allotment to Persons Studied in Tamil Medium (PSTM) will apply for this recruitment. (Applicants claiming this reservation should have studies the prescribed qualification for the post in Tamil medium and should have the certificate for the same. Having written the examinations in Tamil language alone will not qualify for claiming this. If the applicants with PSTM Certificate are not available for selection for appointment against reserved turn, such turn shall be filled up eligible Non- PSTM applicants but belonging to the respective communal category. The PSTM certificate shall be produced/uploaded by the applicant in prescribed format / proforma available in the Commission’s website at www.tnpsc.gov.in which shall be contained from the Head of Institution.
9. In this case, it is admitted that no Ex-serviceman-dependent candidate with a PSTM qualification was available. Therefore, as per the aforementioned instructions, the post would go to Non-PSTM candidates within the respective communal category. The petitioner’s contention that such a post should be allotted to a candidate with a PSTM qualification outside the communal category is not per the instructions. In this case, the 3rd respondent belongs to the same General-Priority Ex- servicemen dependent category, whereas the petitioner falls under the https://www.mhc.tn.gov.in/judis 6 of 10 W.P.(MD)No.6980 of 2017 General-G category. Hence, her contention is not acceptable. This position is further supported by the guidelines issued by the TNPSC regarding the implementation of a 200-point roster under the relevant heading, which is extracted hereunder:
DETAILS OF THE RESERVATION CATEGORIES AGAINST WHICH THE CANDIDATES BELONGING TO THE FOLLOWING COMMUNAL CATEGORIES ARE ELIGIBLE TO BE CONSIDERED FOR SELECTION / ALLOTMENT UPDATED AS ON 14.10.2022 COMMUNAL CATEGORY RESERVATION CATEGORY UNDER OF THE CANDIDATE WHICH ELIGIBLE FOR SELECTION / ALLOTMENT Others-Male GT_G 1 General Turn(General) GT_G Others-Male- 1 General Turn(General) GT_G_PST GT_G_PSTM (Persons Studied in M Persons Tamil Medium) Studied in Tamil 2 General Turn(General) GT_G Medium 1 General Turn(Ex- GT_EX Others-Ex- GT_EX Servicemen) Servicemen 2 General Turn(General) GT_G Others-Ex- 1 General Turn(Ex- GT_EX_PST Servicemen)(Persons M Servicemen- Studied in Tamil GT_EX_PST Persons M Medium) Studied in 2 General Turn(Ex- GT_EX Tamil Medium Servicemen) 3 General Turn(General) GT_G_PST (Persons Studied in M Tamil Medium) 4 General Turn(General) GT_G https://www.mhc.tn.gov.in/judis
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10. The above chart explains that in the case of the GT_EX_PSTM communal roster, if General Turn Ex-Servicemen (Persons Studied in Tamil Medium) GT_EX_PSTM candidate is not available, the next preference is given to a General Turn Ex-Servicemen candidate. If a General Turn priority Ex-Servicemen dependent is also unavailable, only then, as a third option, the post is allocated to a General Turn General candidate with Tamil Medium qualification. In the present case, the 3rd respondent falls under the second option i.e. General Turn (Ex- Servicemen) GT_EX; therefore, the consideration of the petitioner, who belongs to the third option i.e General Turn (General) (Persons Studied in Tamil Medium) GT_G_PSTM, does not arise.
11. In the circumstances, the request of the petitioner is not sustainable in consequence this writ petition is Dismissed. No costs. Consequently connected Miscellaneous Applications are closed.
06.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gns https://www.mhc.tn.gov.in/judis 8 of 10 W.P.(MD)No.6980 of 2017 To
1.The Chairman and Managing Director, Tamilnadu Generation and Distribution-
-Corporation Limited (TNEB), No.144, Anna Salai, Chennai-600 002.
2.The Chief Engineer (Personnel) Tamilnadu Generation and Distribution-
-Corporation Limited (TNEB), No.144, Anna Salai, Chennai-600 002.
https://www.mhc.tn.gov.in/judis 9 of 10 W.P.(MD)No.6980 of 2017 DR.A.D.MARIA CLETE, J.
gns W.P(MD)No.6980 of 2017 06.12.2024 https://www.mhc.tn.gov.in/judis 10 of 10