RAMESH KUMAR Vs. TAMIL NADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THIS writ petition has been filed seeking to declare the provisional selection list dated 7/5/2009 of the 1st respondent Commission to the post of Health Officer as illegal and consequently direct the respondents to publish fresh selection list by considering and including the name of the petitioner.

(2.) THE only point raised in the writ petition is, if a candidate, who belongs to SC or BC, has secured highest marks among other candidates, irrespective of community/category to which he/she belongs, should he/she be fitted only in General Turn category or not. THE contention of the petitioner is that the above said ratio laid down by the Supreme Court reported in Union of India - Vs - Satya Prakash (2006 (4) SCC 550) has not been followed in the present case in respect of Dr.R.Guha, who is a reserved candidate and the 1st respondent, Tamil Nadu Public Service Commission (hereinafter referred to as 'TNPSC') has wrongly placed him in reserved category. Even though Dr.R.Guha has secured highest marks, instead of placing him in General Turn (GT) category, he has been included in reserved category, as a result, the writ petitioner who is a MBC candidate has been excluded from the selected list, but shown as No.1 in the waiting list, which is in violation of the Notification as well as ratio laid down by the Hon'ble Supreme Court. Had there been a proper fitment of candidates in accordance with the ratio laid down by various judgements of this Court as well as the Hon'ble Supreme Court, the petitioner, who belongs to MBC could have been selected under MBC category. Since the 1st respondent, TNPSC has not placed Dr.R.Guha, who is a reserved candidate in General Turn, instead placed him injuxtaposition in reserved category wrongly, the petitioner, who is a MBC candidate has been greatly prejudiced. THErefore, the present writ petition, assailing the bad method of fitting the selected candidates in the wrong place, has been filed.

(3.) IN reply to the above submissions, the learned counsel appearing for the respondents 1 and 2 submitted that the 1st respondent, TNPSC, in its Notification dated 20.09.2008, called for applications from candidates for appointment by direct recruitment to fill up 26 vacancies in the post of Health Officer. The distribution of vacancies is given as under: GT - 7 (GT G-5, GT W-2) BC-OBCM - 7 (BC (OBCM) G-5, BC (OBCM) W-2) BC-M - 1 (BC (M) G-1) MBC/DC - 5 (MBC/DC G-3, MBC/DC W-2) SCH - 6 (SC G-4, SC W-2) Total - 26