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(b) The TNPSC is likely to take not less than 8 to 10 months to complete the selection process and to meet the immediate requirements, the Government thought fit to appoint Motor Vehicle Inspectors Grade-II on contract basis, pending selection by the TNPSC. The Grade-II Motor Vehicle Inspector post is the feeder category post for other higher level technical cadres and therefore it is impossible to complete the day to day works in the department. Since the post is coming within the purview of the TNPSC and the TNPSC is taking time due to their internal lengthy procedures, alternative and expeditious measures are to be found out and therefore the Government had to explore the possibility of filling up of these 65 vacancies on contract basis. The selected candidates may have to attend to the following important items of works:

9. The learned Senior Counsels and other counsels appearing for the petitioners submitted that the impugned order is contrary to Section 213 of the Motor Vehicles Act, 1988, as well as to the notification issued under the Central Motor Vehicles Rules, wherein Diploma in Mechanical Engineering and working experience of at least one year with possession of driving licence to drive Motor Vehicles, Heavy Goods Vehicle and Heavy Passenger Motor Vehicles are prescribed. It is further contended that under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules, 1955, only qualified persons with prescribed qualification under the recruitment rules can be appointed temporarily, if there is undue delay in selecting persons regularly. The notification issued is contrary to the recruitment rules and therefore the proposed appointments cannot be treated as under Rule 10(a)(i). In the TNPSC notification issued for selecting candidates for the very same post, there is no age limit fixed for B.C., MBC, SC and ST candidates in terms of Rule 12(d) of the Tamil Nadu State and Subordinate Service Rules, 1955, and in the impugned orders only five years relaxation i.e, upto the age of 37 is given to such categories of candidates and therefore the rights of the said candidates are affected. The learned counsels also pointed out that in the Government order, no minimum or upper age limit is fixed, whereas the Transport Commissioner in his order dated 13.4.2008 prescribed minimum age as 21 and upper age as 32 years and with relaxation 37 years of age to the said categories of the candidates and the said action of the Transport Commissioner is contrary to the Government Order and therefore the same is illegal. Mr.N.R.Chandran, learned Senior Counsel submitted that Rule 11 of the Tamil Nadu State and Subordinate Service Rules, 1955, cannot be applied for appointments and appointments are to be made only under Rule 10(a)(i) and conditions of service alone can be fixed by agreement. The learned Senior Counsel further submitted that even if there is urgency, since the notification issued by the TNPSC is of the year 2007 and written test also having been conducted, directions could be issued to the TNPSC to complete the selection process within a given time, so that the contractual appointments through the impugned order can be avoided.

21. Insofar as the contention that to meet the emergent situation the impugned selection procedure is resorted also has no basis since as already stated, the TNPSC as early as in February, 2007, called for applications for selecting 49 Motor Vehicle Inspectors Grade-II for which written test was also conducted on 29.7.2007 itself and according to the learned counsel for the TNPSC, the first respondent TNPSC will be in a position to publish the results within a period of one month and that the delay in completing the selection process is on the part of the third respondent in not furnishing the report regarding the genuineness of the experience certificates produced by the applicants. The said delay on the part of the third respondent cannot be a sufficient reason to select the candidates on contract basis when regular selection for the very same post is under progress. It is also to be noted that for filling up the remaining vacancies so far no intimation is given by the respondents 2 and 3 to the TNPSC for notifying the vacancies. If really the respondents have taken effective steps and still there is delay on the part of the first respondent to complete the process of selection then only the contract appointment/temporary appointment to meet the emergent situation can be resorted to. The TNPSC, having been created under Article 320 of the Constitution of India, is also having a constitutional obligation to complete the selection without delay. It is unfortunate that even after over 11 1/2 months, the TNPSC/first respondent has not chosen to publish the written test results. The selection process is not completed in spite of the expiry of about 17 months from the date of notification issued for selection of Motor Vehicle Inspectors Grade-II.

24. In the light of the above findings, I am of the view that the impugned order proposing to select and appoint Motor Vehicle Inspectors Grade-II on contract basis when regular selection process through TNPSC is in progress, is impermissible and the impugned Government Order and the circular issued by the Transport Commissioner/third respondent herein, are liable to be set aside and accordingly set aside.

25. In view of the order passed above setting aside the impugned order in toto, the respondents 2 and 3 are not entitled to proceed with selection process. Since there is urgency in the selection of Motor Vehicle Inspectors, Grade-II, the TNPSC is directed to publish the written test results held on 29.7.2007, before 29.7.2008 and complete the selection process and submit the list of selected candidates to the second respondent on or before 30.9.2008.