Central Administrative Tribunal - Madras
Mohamed Razvee Maricar vs Ut Of Pondicherry on 23 February, 2023
OA 229/2013 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA/310/00229/2013 Dated Thursday the 23 day of February Two Thousand Twenty Three 'CORAM : HON'BLE MS. MANJULA DAS, Member (J) HON'BLE MR. T. JACOB, Member (A) Mohamed Razvee Maricar, S/o. Abdul Hameed Maricar, No. 11, Dr. Ambedkar Street, Karaikal 609602, By Advocate M/s, D. Nagasaila Vs 1.Union of India, rep by Govt of Puducherry, rep by its Secretary, Department of Education, Chief Secretariat, Puducherry. 2.The Director, Directorate of School Education, Puducherry. By Advocate Mr. R. Syed Mustafa .... Applicant ... Respondents ous 2 OA 2259/2013 ORAL ORDER
(Pronounced by Hon'ble Ms. Manjula Das, Member(J)) This OA has been filed by the applicant seeking the following reliefs :-
"a. To provide for 2% reservation for Backward Class Muslims (8CM) in the Other Backward Class category in the recruitment to the post of School Librarian in the Directorate of School Education, Puducherry pursuant to the Notice No. 13478/DSE/Dte.Estt/A6/2012 dated 17.09.2012 issued by the 2nd respondent, b. And pass such other or further orders as this Hon'ble Tribunal may deem fit and proper and thus render justice."
2. The brief facts of the case are as under:-
i. It is submitted that the 2nd respondent, Directorate of School Education, | vide notice dt. 17.09.2012 called for applications to the post of School Librarians in the Directorate of School Education, Puducherry. The said post is a Group B, Non Gazetted post. A total of 19 number of vacancies notified, out of which 17 vacancies were for Puducherry/Karaikal and two were for Yanam. The maximum age limit prescribed was 30 years as on 12.10.2012 which was relaxable for OBC, SC, PH, MSP candidates in accordance with the instructions issued by Government of India from time to time. The advertisement stated the reservation for appointment as under :-
Reservation on vertical basis General - 11 OBC -7 sc -1 3 OA 229/2013 Reservation on horizontal basis PH- 1 ii. The applicant is a native of Karaikal and Backward Class Muslim (BCM) belonging to the Maricar community. The Government issued GOM dt. 28.08.2010 providing for a separate category among the Backward Classes known as Backward Class Muslims (BCM) for the purpose of reservation in government jobs, admission in educational institution and for entitlement of socio-economic benefits. The existing 13 % reservation for OBC candidates was bifurcated as 11% reservation for OBC candidates and 2% reservation for BCM candidates. The applicant herein seeks consideration of his case for grant of 2% reservation for Backward Class Muslims (BCM) pursuant to notice dt. 17.09.2012. Hence, he has filed this OA.
"3. The respondents have filed their reply opposing the claim of the applicant and prayed for dismissal of the OA.
4. The applicant has filed a rejoinder.
5. Heard learned counsel for both sides and perused the materials on record.
6. Learned counsel for applicant places reliance on the GOM dt. 28.08.2010 which provides reservation for Backward Class Muslims (BCM). The relavant portion is extracted as under:-
"NOW, THEREFORE, the Lieutenant-Governor, Puducherry after considering report of State Level Commission for Backward Classes and the recommendation of Council of Ministers as cited above is hereby pleased to order that there shall henceforth be a separate category among the Backward Classes(BC} known as "Backward class Muslims", for the purpose of reservation in Government Jobs, admission in educational institutions and for 4 OA 229/2013 entitlement of socio-economic benefits in the Union territory of Puducherry, which shall include the following castes / communities found in the list of OBCs. notified Vide G.O.Ms.No 9/2001-Wel(SW-ID, dated 19.2.2001 viz., SLNo. Name of the Castes (5) Dekkani Muslims (Pondicherry, Karaikal and Yanam only' (20) Mappila (24) Labbai--including .
Maricar Ravuthar Saibu Shaik Syed Lieutenant Governor Puducherry has also order that the existing reservation ratio among the Backward Class shall stand modified as follows:--
Existing To be modified 1 0.B.C.* 13.00% 1 |0.B.C, ** 11.00% 2 |Backward Class Muslims 2.00% Total 13.00% Total 13.00% * including Backward Class Muslims ** excluding Backward Class Muslims;"
Learned counsel for applicant submits that in view of the above GOM dt.
28.08.2010, the reservation of 2% ought to have been provided for the BCM candidates. Hence, the respondents have erred in not providing the requisite reservation in the recruitment notification dt. 17.09.2012 for the post of School Librarian. The respondents have failed to prepare revised post wise roster for the post of School Librarian. The GOM dt. 28.01.2011 directed the respective departments that after preparation of revised post based roster duly incorporating the group wise/category wise posts, the same may be verified by the Enforcement Cell before its operation. The respondents are selective in implementation of reservation for BCM. While the Health Department of the 3 OA 229/2013 respondent Union Territory has given effect to reservation for BCM in respect of recruitment to the post of Staff Nurse, they have failed to give reservation for BCM in respect of the post of School Librarian.
7, Learned counsel for the respondents vehemently argues and opposes the claim of the applicant, He submits that the Council of Ministers vide Resolution No. 205/M.38/195 resolved that the benefits of job reservation in Group C & D posts may be extended to the Most Backward Classes notified by the Union | Territory of Puducherry and should be made applicable only in the regions of Puducherry, Karaikal and Yanam. Accordingly, vide GOM dt. 17.10.2005, reservation benefits were extended to MBC category in the Group C & D posts in UT of Puducherry. No order for reservation was issued for Backward classes in Group B posts. . The reservation of 2 % in Government jobs for Backward Class Muslim (BCM) was applicable only to the Group C & D posts and not to Group B posts. The applicant has erroneously assumed that the reservation for BCM was applicable to Group B posts. The post of School Librarian which the aplilicant has applied is a Group B (Non Gazetted) post and there is no reservation for BT/MBC/BCM/EBC on vertical reservation and XSM/MSP on horizontal reservation. In this regard, the Welfare Secretariat had clarified that the 2% reservation in Government jobs for BCM was applicable only to recruitment in Group C & D posts as well as for admission in educational institutions and beneficiary oriented socio-economic welfare schemes. With regard to reservation of BCM in the post of Staff Nurse, the Health Secretariat 6 OA 229/2013 had clarified that the Central or State Government posts can only be classified as Group A, B, C, D and not a post in a society or corporation as per GOMs No. 50 dt. 11.05.2009. The Indira Gandhi Medical College an Research Institute (IGMCRY belonging to Perunthalaivar Kamarajar Medical College Society is registered under Companies and Societies Act which is governed by a separate set of rules is not a government entity. The Enforcement Cell of the Chief Secretariat had communicated revised post based roster for making direct recruitment in respect of Group C & D posts vide ID note dt. 28.01.2011 and requested to take immediate action to prepare revised post based rosters as per the model roster communicated for reservation to BT - 1%, SC - 16%, MBC - 18%, EBC - 2%, OBC - 11%, and BCM - 2%.
8. It also appeared from the advertisement dt. 17.09.2012 (Annexure Al) where the post of School Librarian is shown as Group 'B' Non-Gazetted from the memorandum dt. 28.01.2011 (Annexure A4) wherein in para 2 it is stipulated as hereunder, "2. The Government of Puducherry have issued G.O, vide reference sixth and seventh cited providing reservation benefits to Backward Class Muslims (BCM) to the extend of 2% and to the Extreme Backward Classes (EBC) (Meenavar Community) to the extent of 2% respectively for the purpose of reservation in Government jobs."
In para 5 it was stated as hereunder, "5. The Heads of Departments/offices should take necessary immediate action to prepare the revised Post based rosters in respect of Government jobs as per the Model Roster enclosed. [Reservation te BT 1%, SC 16%, MBC 18%, EBC 2%, OBC 11% and BCM 2%], It may be noted that consequent to implementation of VI CPC scales of pay, there are no Group 'D' posts available.
Q 7 OA 229/2013 The post-based rosters so prepared duly incorporating the Group-wise/Category- wise posis by the respective departments/offices shall invariably be got verified by the Enforcement Cell, Chief Secretariat, before its operation."
In page 32 of the OA, on the basis of Model Roster for Direct Recruitment to Group 'C' posts, 4 posts were reserved for the category of BCM 2% out of total 200 posts. This roster is not applicable for the post of School Librarian which i a Group B post, As there was no reservation for BCM in Group B posts, no reservation had been earmarked for BCM to the post of School Librarian,
9. Moreover, it is noted that as per Recruitment Rule for the post of Primary School Teacher were notified vide G.O.Ms No. 136 dt. 11.11.2003 wherein it is a Group C post carrying the scale of Pay of Rs. 4500-125-7000 (pre-revised). Consequent on the implementation of the recommendations of the 6" Central Pay Commission, the post of Primary School Teacher was placed in the Pay Band 2 (Rs. 9300-34800) with the Grade Pay of Rs. 4200 with effect from 01.01.2006. In the subsequent re-classification of posits communicated vide G.O.Ms No. 50 dated 11.05.2009 of the DP&AR (PW), Puducherry, it was classified as Group 'B' as all central civil posts carrying the Grade Pay of Rs, 5400, Rs. 4800, Rs. 4600 and Rs. 4200 in the Pay Band of Rs. 9300-34800 have become Group B as per the orders of the Government of India. However, the Recruitment Rules have not been amended as on date.
10. In the advertisement dt. 17.09.2012, the scale of pay is described as Rs.
9300-34800 + GP Rs, 4600. As per the G.O.Ms No. 136 dt. 11.11.2003 where the post of Primary School Teacher shown as Group-C with the scale of pay Rs, 8 OA 229/2013 4500-125-7000 (pre-revised).
11. We have perused the order dt. 11.05.2009 issued by the Department of Personnel and Administrative Reforms (Personnel Wing), Government of Puducherry where the Central Civil posts carrying the Grade Pay of Rs. 5400, Rs. 4800, Rs. 4600 and Rs. 4200 in the scale of pay of Rs. 9300-34800 in Pay Band-2 are classified as Group B posts. On the other hand, the Central Civil posts carrying the Grade Pay of Rs. 2800, Rs. 2400, Rs. 2000, Rs. 1900 and Rs. 1800 in the scale of pay of Rs. 5200-20200 in a pay band-1 are classified as Group C posts.
12. Thus, it is candid clear that in so far as the post of Librarian is concerned which is a Group B post, it is having no such roster facility to the category of Backward Class Muslim. In view of the above position, the applicant is not entitled to get the roster benefit of 2% reservation for category Backward Class Muslim.
13. Accordingly, OA is dismissed. No order as to costs,___---- . nl .
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