S V SREIDHAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner has now come forward to challenge Rule 2(14) of the Preliminary Rule framed under the Tamil Nadu Subordinate Services Rules. THE said rule reads as follows:

(3.) THE contention of the petitioner was that the application form enable ex-service man to make applications. THErefore he should be considered under ex-serviceman category. He also stated that he took No Objection Certificate from his employer viz.,Assistant Personnel officer,Tiruchirappalli for participating in the selection. He further submitted that the employment in the State is a public employment and persons have got right to compete in any selection for employment. Such a guarantee is given under Articles 14 and 16 of the Constitution. THE rule insofar as it prevents a Government servants (both Central and State), who have completed five years of service, being denied entry into service is unconstitutional and violative of Article 14 of the Constitution of India. In this view of the matter, he has come forward to challenge the said rule and for a consequential direction to declare his results. It must be noted that similar contentions raised in the earlier round of litigation by State Government servants were rejected by this Court in more than one writ petition. Notwithstanding the same, counsel for the petitioner contended that the rule is invalid and he being an Ex-serviceman, his case should be considered as a special case.