G.R.RADHAKRISHNA Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) A two-pronged challenge has been raised in this writ petition. The first relating to the vires of Section 7(1) of the Tamil Nadu Act No.4 of 2016, namely, the Tamil Nadu Government Servants (Conditions of Service) Act, 2016. It is urged that Section 7(1) of the 2016 Act that includes the second and fourth provisos thereunder are unconstitutional and ultra vires, in so far as they enable the Government not to consider all the eligible and qualified candidates for promotion to the category of Executive Engineer in the Public Works Department, while assessing the candidature of Assistant Executive Engineers based on merit and ability. It is urged that the said provision violates Articles 14 and 16 of the Constitution of India, in as much as restrictions have been placed by narrowing down the lists according to proportions referred to in the second proviso, thereby defeating the rights of all eligible candidates.

(2.) The other challenge is with regard to the fourth proviso to Section 7(1) of the 2016 Act, which provides for the consideration of first two qualified candidates belonging to the Backward Classes, Backward Class Muslims or Most Backward Classes and Denotified Communities or the Scheduled Castes and Scheduled Tribes. It is urged that the manner in which the next two qualified candidates are to be called results in an arbitrary selection procedure, thereby hit by Article 14 of the Constitution of India.

(3.) Mr.N.Subramaniyan has also urged that the manner of displaying the list on the notice board in the office of the Appointing Authority is no display in the eyes of law and, therefore, it should be displayed on the website, keeping in view the provisions of the Right to Information Act, 2005.