T. MARAGATHAM Vs. TAMIL NADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The appellant, who is one among the eligible candidates for appointment by direct recruitment to the post of Executive Officer, Grade I, has filed the Writ Petition, seeking entitlement under the category, namely, MBC/DC(G). Totally, four posts were earmarked. Of the four posts, the appellant sought one under the reservation category MBC/DC(G). These four posts have been notified, vide Notification No.25/2017, dated 14.11.2017.

(2.) In the meanwhile, a Government Order was passed in G.O.(Ms) No. 21, Welfare of Differently Abled Persons (DAP3.2) Department, dated 30.05.2017. Accordingly, the said post, for which the appellant sought to get herself filled up, has been earmarked for MBC/DC(DAP) Acid Attack Victim. As there was no candidate under the said category to be filled up, the post was left unfilled and carried forward. Under those circumstances, the appellant filed the Writ Petition. Learned Single Judge has dismissed the Writ Petition inter alia holding that the amendment to the enactment with particular reference to Section 27(b) of the Tamil Nadu Government Servants (Conditions of Service) Act has come into force from 19.04.2017 and therefore, the same stands applicable. It was further held that the Government Order was passed on 30.05.2017 to comply with the mandates of Section 27(b) of the Tamil Nadu Government Servants (Conditions of Service) Act.

(3.) Mr.P.Ganapathi Subramanian, learned counsel for the appellant submitted when the vacancies were notified, the classification was only MBC/DC(G) and not MBC/DC (DAP) Acid Attack Victim. Therefore, the Rule cannot be changed after the game has been started. Now, the post is yet to be filled up and hence, appropriate direction will have to be issued in this regard.