N KANTHIMATHI Vs. SECRETARY TO GOVERNMENT, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ADMINISTRATION DEPARTMENT, SECRETARIAT

JUDGEMENT

(1.) Mandamus sought for in this writ petition is for a direction to the Secretary, Tamil Nadu Public Service Commission, Chennai, to select the Petitioner for the post of Executive Officer Grade IV in Tamil Nadu Hindu Religious and Charitable Endowments Administration Department by operating the reserve list and for a consequential direction, directing the Respondents 1 and 2 to appoint the Petitioner to the said post.

(2.) It is the case of the Petitioner that pursuant to the notification for filling up of 47 vacancies of the Executive Officers Grade-IV posts in Tamil Nadu Hindu Religious and Charitable Endowments Administration Department, for the year 2008-2009, the Petitioner completed two stages of selection viz., written examination and oral test, successfully with registration No. 02602095. A provisional list was published on 02.06.2010, wherein 40 candidates were selected and results of seven candidates were withheld. Though the Petitioner was not included in the list of selected candidates, she was placed in the reserved list, at serial No. 1 in three categories viz., General Turn (Women), Backward Class (other than BC Muslims) (Women) and Backward Class (other than BC Muslim) (DW).

(3.) According to the Petitioner, the candidates placed in the reserve list would be considered for selection against the vacancies caused in the respective categories, due to any one of the following reasons; (i) Non joining of selected candidates; (ii) selected candidates who joined duty, but left thereafter; (iii) cancellation of provisional selection of the selected candidates. It is her further submission that the reserved list, which is prepared by the Tamil Nadu Public Service Commission, would be valid till the drawal of the next selection list for the said post, by the Commission. It is her further contention that when she sought for the following informations under the Right to Information Act, (i) as to how many candidates were selected for the post; (ii)as to how many persons left, after joining the post; (iii) as to how many post are vacant subsequently; and (iv) as to the position of the Petitioner, reply was given by the Commissioner to the Petitioner that ten posts are vacant due to non joining, by the selected candidates. The Petitioner, after receiving the information under the Right to Information Act, made a representation, dated 01.07.2011, to the Tamil Nadu Public Service Commission, to select and appoint her, to the post of the Executive Officer (Grade IV) by operating the reserve list of the Tamil Nadu Hindu Religious and Charitable Endowments Subordinate Service, conducted for the year 2008-2009. It is her further contention that the Commissioner, Hindu Religious and Charitable Endowments Administration Department, Chennai, the second Respondent herein, by his proceedings, dated 19.07.2011, has also informed the Petitioner about the vacancies, in each category. According to the Petitioner, since her name figures at serial No. 1 in three categories viz., General Turn (Women), Backward Class (other than BC Muslims) (Women) and Backward Class (other than BC Muslim) (DW), she is eligible to be accommodated as against the vacancies. Though several representations have been made to the Commission, No. steps have been taken to operate the reserve list as per the Regulations. Hence, the Petitioner has come forward with the present writ petition, for the relief stated supra.