M.JEYANTHI MEENAMBIGAI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner belonging to Hindu - Arunthathiyar (SC) Community has registered her educational qualifications in the employment exchange. It is her contention that the Government have issued G.O.Ms.No.50, Tamil Nadu Arunthathiyars (Special Reservation of seats in Educational institutions including Private Educational Institutions and of appointments of posts in the services under the State within the Reservation for the Scheduled Castes) Act, 2009, dated 29.04.2009 providing 3% special reservation, for Arunthathiyar within the reservation for SC community.

(2.) RECRUITMENT of 15 posts of Physiotherapists was taken up by the first respondent. Out of 79 candidates nominated to the appointing authority, by the Director, Professional and Executive Employment Office, Chennai, the second respondent herein, there is no provision for 3% reservation for the members of SC Arunthathiyar community. As the recruitment process has been taken up, after the coming into force of the Act, the respondents ought to have provided for 3% special reservation and accordingly, nominated candidates belonging to SC Hindu Arunthathiyar community, who have registered their educational particulars, with the third respondent employment exchange.

(3.) MLJ 995, Mr.T.Lajapathi Roy, learned counsel for the petitioner submitted that, as per the special enactment, the petitioner has a statutory right to be considered, for the post of Physiotherapist. 4. On the basis of rejoinder affidavit, learned counsel for the petitioner further submitted that on 11.06.2010, the Director, Professional and Executive Employment Office, Chennai, the second respondent herein, has fixed the cut off dates, as 20.07.2005 for SC (General Priority), 19.06.2008 for SC(General Non Priority) and 28.08.1998 for SC(Women Non Priority). As per the above cut off dates, totally, 79 candidates have been sponsored to the first respondent, in the ratio of 1:5 and that no cut off date was indicated for S.C.Arunthathiyar community.