Madras High Court
S.Karuppiah Founder Of vs The Government Of Tamil Nadu on 18 July, 2014
Author: M.M.Sundresh
Bench: Satish K. Agnihotri, M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 18.07.2014 Coram The Honourable Mr.SATISH K. AGNIHOTRI, ACTING CHIEF JUSTICE and The Honourable Mr.Justice M.M.SUNDRESH Writ Petition No.25062 of 2012 M.P.No.1 of 2012 S.Karuppiah Founder of Central & State Government Scheduled Caste and Scheduled Tribes Employees Federation, No.1-A, Bharathi Nagar, Main Road, Perunkalathur, Chennai-48. .. Petitioner Vs. 1.The Government of Tamil Nadu, Rep. by its Secretary, Home Department, Secretariat, Chennai-9. 2.The Secretary, Adi Dravidar and Tribal Welfare Department, Fort St. George, Chennai-9. 3.The Secretary, Tamil Nadu Public Service Commission, No.1, Commercial Tax Annexure Building, Chennai-6. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to conduct special drive to fill up the backlog vacancies which available in the Annexure for Scheduled Caste and Scheduled Tribes within reasonable time in order to achieve the constitutional goal. For Petitioner : Mr.G.Saravana Kumar for Mr.P.Vijendran For Respondents : Mr.S.T.S.Moorthy, Government Pleader for R1& R2 Mr.N.S.Nandakumar for R3 ORDER
This Public Interest Litigation has been filed seeking a writ of mandamus to direct the respondents to conduct special drive to fill up the backlog vacancies which are available in the Annexure for Scheduled Caste and Scheduled Tribes within reasonable time in order to achieve the constitutional goal.
2. It is the grievance of the petitioner that inspite of the representation made, the respondents are not filling up the backlog vacancies meant for Scheduled Caste and Scheduled Tribe candidates. Therefore, the learned counsel appearing for the petitioner submitted that appropriate direction will have to be issued to the respondents in this regard.
3. A detailed counter affidavit has been filed by the second respondent. In the counter affidavit filed, it has been stated that filling up of the backlog vacancy is the continuing process. Proviso to Rule 22(d) of the Tamil Nadu State and Subordinate Service Rules deals with the backlog vacancy and the procedure to be followed. The averments made in the counter affidavit are as follows:
"If sufficient number of qualified and suitable candidates belong to any of the Scheduled Castes and Scheduled Tribes, Most Backward Classes and de-notified Communities are not available for selection for appointment for the vacancies reserved for them by direct recruitment in the first attempt of recruitment, then a second attempt shall be made for selection of the candidates belonging to the respective communities by direct recruitment in the same recruitment year or as early as possible before the next direct recruitment for selection of candidates against such vacancies. If the required number of candidates belonging to such communities are not available even then, the vacancies for which selection could not be made shall remain unfilled until the next recruitment year treating them as "backlog" vacancies. In the subsequent year, when direct recruitment is made for the vacancies of that year (called the current vacancies), the "backlog" vacancies shall also be announced for direct recruitment, keeping the vacancies of the particular recruitment year, namely, the current year vacancies and the "backlog" vacancies as two distinct groups as illustrated in Schedule V to this part. While in respect of vacancies for the year of recruitment, the normal procedure relating to the calculation of vacancies reserved for the candidates belonging to such communities as well as the instructions that not more than fifty percent of the vacancies shall be reserved for Schedule Castes and Schedule Tribes communities and physically handicapped shall apply, selection for appointment for all the "backlog" vacancies reserved for such communities shall be made by the candidates belonging to such communities without any restriction as they belong to distinct group of "backlog" vacancies. The selection for appointment in the next direct recruitment shall be made first for the "backlog" vacancies and then the normal rotation shall be followed."
4. The learned Government Pleader appearing for respondents 1 and 2 submitted that in order to make sure that 18% reservation meant for Scheduled Caste and 1% for Scheduled Tribes in employment pertaining to all the departments, a High Level Committee has been constituted as per the Government Order passed in G.O.Ms.No.3, Adi Dravidar and Tribal Welfare (TD2) Department, dated 05.01.2012, to review and ensure shortfall vacancies. The Committee will finalise the programme and have discussions with the Secretary to Government of each Department in this regard. Thereafter, the report will be sent to the Government for issuing appropriate orders.
5. In view of the specific stand taken by respondents 1 and 2, we deem it fit to direct the High Level Committee Constituted as per the Government Order dated 05.01.2012 to finalise the programme and arrive at the shortfall vacancies for Scheduled Caste and Scheduled Tribes. Thereafter, the Committee will have to send the Report to the Government for issuing appropriate orders. The entire exercise will have to be done by the Committee as well as the respondents within a period of six months from the date of receipt of a copy of this order.
The writ petition stands disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed.
(S.K.A.,A.C.J.) (M.M.S.,J.) 18.07.2014
Index:Yes/No
raa
To
1.The Secretary,
Government of Tamil Nadu,
Home Department, Secretariat,
Chennai-9.
2.The Secretary,
Adi Dravidar and Tribal Welfare Department,
Fort St. George, Chennai-9.
3.The Secretary,
Tamil Nadu Public Service Commission,
No.1, Commercial Tax Annexure Building,
Chennai-6.
The Hon'ble the Acting Chief Justice
and
M.M.Sundresh,J.
raa
Pre-Delivery Order in
W.P.No.25062 of 2012
18.07.2014