Central Administrative Tribunal - Madras
A Vasanthi vs Ut Of Pondicherry on 22 November, 2023
1 of 6 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No.310/00182 of 2016 DATED WEDNESDAY, 22% DAY OF NOVEMBERTWO THOUSAND TWENTY THREE CORAM : HON'BLE SMT. LATA BASWARAJ PATNE, MEMBER (J) HON'BLE SHRI. VARUN SINDHU KUL KAUMUDI, MEMBER (A) A. Vasanthi, Wife of Sakthivel, Hindu, aged 29 years, residing at No.4, Kannikoil Street, Sanjeevi Nagar, Auroville (Via.), Pondicherry. Applicant. (Advocate: M/s. V. Ajayakumar) -Vs- Union of India represented by the Secretary to Government of Puducherry for Education, Chief Secretariat, Puducherry; The Director of School Education, Kamarajar Centenary Education Complex, 100 Feet Road, Anna Nagar, Puducherry. ...... Respondents. (By Advocate: Mr. R. Syed Mustafa Mr. Dakshayani Reddy) 20f6 ORAL ORDER
(Hon'ble Smt. Lata Baswaraj Patne, Member(J) By this Original Application, the applicant is seeking the following | reliefs:-
"To direct the respondents | and 2 to appoint the applicant to the post of Primary School Teacher under the Backward Tribe category with effect from the date on which the respondents have appointed the other selected candidates with all other consequential benefits and to pass such other or further orders in the interest of justice and thus render justice."
2. | The brief facts of the case, in a nutshell, are as under:-
The applicant passed M.A. Degree in English and D. Ted., and is, therefore, eligible to be appointed as Primary School Teacher. The applicant got 82 raarks in the Tami] Nadu Teacher Eligibility Test in 2012. She belongs to "Irular" Community, which is declared as Backward Tribe, as per G.O. Ms. No.5, dated 12.4.2010, and 1% of reservation has been provided, as per the above G.O., in appointments. The second respondent has issued a notification for filling up 425 vacancies of Primary School Teacher in which the reservation meant for B.T. is not followed and, out of 4 vacancies, even a single candidate was appointed under B.T., which is illegal and discriminatory. The applicant has got 71.2% marks, as per calculation of marks, as per the notification, but the applicant was not given appointment, even though eligible to be appointed, based on her marks and the G.O. issued by the Government of Puducherry. The applicant has to be appointed under the benefit of reservation for B.T. Hence, this Original Application is filed seeking the aforesaid relief.
3 of 6 [ 3. After notice, respondents have entered their appearance through their counsel, filed a detailed reply and opposed the relief on the ground that the applicant has subjected himself to the said notification for recruitment to the post of Primary School Teacher, in the year 2015, under the OBC category and secured on 71.25%. The candidate, in the select list, belongs to the OBC category having secured 74.923%, The applicant has neither challenged the Government Notification, dated 12.04.2010, providing reservation for Backward Tribe, nor the said recruitment notification, dated 26.05.2015, wherein 425 posts were notified, in which, 217 posts were earmarked for the 'General category', 140 posts for OBC and 68 posts for SC, in vertical reservation, and, in the horizontal reservation, for differently abled persons 13+5 and, in which, 5 being the back log, is carried forward.
4, It is further submitted by the respondents that the DP&AR, Puducherry, in their circular, dated 18.05.2015, had also instructed that the Heads of Departments shall notify the vacancies with appropriate classification strictly in accordance with the Orders communicated by the Department vide G.O.Ms.No.50, dated 11.05.2009, even if the revised classification of posts are yet to be incorporated in the Recruitment Rules of the concerned posts. Therefore, in the instant Notification, the post of Primary School Teacher has been classified as Group B and reservation has been restricted to Other Backward Classes & Schedule Castes. The Most Backward Classes/ Extreme Backward Class/ Backward Class Muslim)/ Backward Tribe have been subsumed in Other Backward Classes for the purpose of recruitment to the post of Primary School Teacher. It is further submitted that the Government Orders in which 1% reservation benefits of Backward Tribes in Union Territory of Puducherry 4of6 for Employment purpose has been prescribed are applicable to recruitment for Group C and D posts only and the instant post 1.e., Primary School Teacher is a Group B Post and, therefore, no reservation can be given under Backward Tribe quota and, hence, the Original Application is liable to be dismissed. The respondents further contended that the applicant has also not challenged the select list. Therefore, the applicant is not entitled to any relief. The respondents, therefore, pray for dismissal of the O.A.
5. _ Heard both sides and perused the records.
6. Ld. counsel for the applicant strongly argued on the point that the respondents issued the notification for filling up of 425 vacancies for Primary School Teacher, without reserving a post meant for the B.T, and, for the said category, 4 vacancies ought to have been filled up, however, not a single candidate was appointed under the category of BT.
7. Ld. Counsel for the respondents vehemently opposed the argument placed by the learned counsel for the applicant on the ground that "the Government Orders in which 1% reservation benefits of Backward Tribes in Union Territory of Puducherry for Employment purpose has been prescribed are applicable to recruitment for Group C and D posts only and the instant post, i.e., Primary School Teacher is a Group B Post and, therefore, no reservation can be given under Backward Tribe quota and, hence, the OA is liable to be dismissed.
3 of 6 o"
~~ 8. It is to be noted that the respondents have issued notification, dated 12.04.2010, where the issue in respect of reservation for backward class has been considered. The relevant paragraphs of the said notification are extracted hereunder "Whereas, for quite some time, it has been under the active consideration of the Government of Puducherry to provide "separate reservation to some Most Backward Class (MBC) people, namely Lrular, Malaikuravan, Kattunayakan, Yerukula and Kuraman;
2. And whereas this matter was referred to the State Level Commission for Backward Classes, Pondicherry and the State Level Commission for Backward Classes, Puducherry in the 36"
Report submitted to the Government of Puducherry on 28-5- 2009, enlisted that the total population of Puducherry Union Territory is 9,74,345 as per 2001 Census and out of this, the total population of the above-said Most Backward Class people is less than 1% and that even though their population is less than 1%, the State Level Commission for Backward Classes has taken into 'consideration the extreme backwardness in the social, educational and economic fields of these tribes, of reservation quota so far, their lowest strata in the Society and that they could not compete with the Other Backward Classes and Most Backward Classes, and other kinds of their practical set backs and the need for providing separate reservation;
3 eR de eo ok ok ok 4 a oko ae aK "5, Now, therefore, the Lieutenant-Governor, Puducherry accepting the recommendation of the State Level Commission for Backward Classes, hereby orders that the afore mentioned MBC castes shall be declared as "Backward Tribes' in the Union territory of Puducherry and 1% reservation shall be provided to them in respect of recruitment to Group 'C' and 'D posts 'and schemes operated under the Government of Puducherry. It_is further ordered that the said castes shall henceforth stand deleted_from the MBC list of the Government of Puducherry."
9. 'The notification has been issued in the year 2015, for recruitment of the said post of Primary School Teacher, the vacancies have been notified under the 6o0f6 vertical reservation as well as horizontal reservation. It is also to be noted that the applicant, who made an application pursuant to the notification, subjected herself to the said selection. Since the applicant secured 71.2% under the OBC community However, against the said notified vacancy, for the OBC community, the last candidate is having net 74.923%. Hence, the applicant could not make out her position in the select list. Further, the applicant has not made an attempt to challenge the GO issued in the year 2010 as well as the said notification and she herself subjected herself to the said selection. It is to be noted that as the law is well settled on the issue that a person who subjected himself/herself to the said selection, cannot have a right to challenge the said selection being an unsuccessful candidate.
10. In view of the above, we do not find any merit in the matter and no interference is called for. The OA, being devoid of merits, is, accordingly, dismissed.
No costs.