R RAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is a Diploma Holder in Civil Engineering. He passed Diploma in Civil Engineering in April 1989. He registered his name in the District Employment Exchange, Tiruvannamalai on 31.05.1989. While he belongs to one Bandi community, which is classified by the Government of Tamil Nadu as Scheduled Caste, he was issued a community certificate classifying him as Most Backward Community, as if he belongs to Oddar community. He, therefore, made many representations to the second respondent - District Collector. Ultimately, he was issued Scheduled Caste community certificate on 17.04.2010. Hence, he was not considered under Scheduled Caste category prior to 17.04.2010, when he was called for interview during 2006 and when he was called to attend the written test during 2008 for the post of Overseer and he was not selected. Had he been considered under Scheduled Caste category, he could have been selected.

(2.) WHILE so, the Government issued an order in G.O.(Ms) No.69, Rural Development and Panchayat Raj (CGS.1) Department, dated 15.06.2010 sanctioning 618 vacancies of Overseer in all over Tamil Nadu. Out of 618 vacancies, 36 were earmarked for Tiruvannamalai District. Out of 36 vacancies, 8 were reserved for persons belonging to Scheduled Caste. The name of the petitioner was not sponsored by the Employment Officer, the third respondent herein, for the post of Overseer, as he crossed 40 years.

(3.) NOTICE of motion was ordered on 02.07.2010. The respondents filed counter affidavit.