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The petitioners have come up with the above writ petitions, seeking a Mandamus to forbear the respondents from filling up 186 posts of Assistant Section Officers in the Secretariat (other than Law and Finance Department), bearing Post Code No.1072.

2. I have heard Mr.C.Selvaraju and Mr.AR.L.Sundaresan, learned Senior Counsel for the petitioners in the writ petitions, Mr.A.Navaneetha Krishnan, learned Advocate General assisted by Mr.N.Srinivasan, learned Additional Government Pleader appearing for the State of Tamil Nadu, Ms.C.N.G. Niraimathi and M.Devendran, learned Standing Counsel appearing for the TNPSC, Mr.N.G.R.Prasad, learned counsel appearing for some of the contesting respondents, Mr.R.Thiagarajan, learned Senior Counsel and Mr.Naveenkumar Murthy, learned counsel appearing for some of the contesting respondents.

S.No. Post Service Post Code No. of vacancies

1.

Municipal Commissioner-Grade II Tamil Nadu Municipal Commissioner Subordinate Service

2. Assistant Section Officer (Law Department) in Secretariat The Tamil Nadu Secretariat Service.

3. Assistant Section Officer in TNPSC Tamil Nadu Secretariat Service.

4. Probation Officer Tamil Nadu Social Defence Subordinate Service

5. Probation Officer Tamil Nadu Jail Subordinate Service

6. Junior Employment Officer Tamil Nadu General Subordinate Service

Supreme Court held that a person whose name appears in the select list does not acquire any indefeasible right of appointment. Empanelment is a condition of eligibility for appointment and it does not amount to selection or create a vested right for appointment.

S.Suyam Prakasam vs. Secretary to Government {2011 (1) CWC 930} TNPSC called for applications to fill up 1576 vacancies of Village Administrative Officers. It included the shortfall vacancies of 1077 for SC/ST. Petitioner challenged the advertisement on the ground that earmarking 1077 posts for SC/ST is illegal and contrary to ground reality.

(iii) that to make a case fall under the exception to the rule, there must be an emergent situation and as a consequence, a policy decision ought to have been taken.

Let me now apply all these 3 tests to the cases on hand.

Test-1-Existing/Anticipated vacancies or Future vacancies

17. It must be noted that the vacancies in the post of Assistant Section Officers sought to be filled up by the first notification dated 15.11.2009, related only to the Law Department and TNPSC. They were 13 and 4 respectively and these posts had different code numbers. The posts of 186 Assistant Section Officers sought to be filled up, related to departments other than Law and TNPSC. These 186 vacancies might have existed even on 15.11.2009, the date of the notification. But, they existed as vacancies reserved for promotion. It was only on 22.3.2010 that by virtue of G.O.(4D) No.7, these 186 posts intended for promotion were diverted to be filled up by direct recruitment, by relaxing Rule 8 of the Special Rules, by exercising the power of relaxation under Rule 48 of the General Rules.