TAMIL NADU AMBEDKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present Writ Appeal is filed by the writ petitioner against the order of the learned single Judge dated 01.04.2010, wherein the petitioner sought for a Writ of Certiorarified Mandamus to quash the Notification in Advertisement No. 151 by the third respondent, published in Tamil Daily, Dinakaran, Salem dated 31.1.2008 relating to the recruitment of Assistant Engineer (Agriculture Engineer), as arbitrary and against the Constitution of India and thereby direct the respondents to fill up the backlog vacancies allotted for the Scheduled Caste candidates in the second respondent Department. The appellant herein is a registered Association, representing Scheduled Caste community candidates holding B.E. Degree in Engineering. These candidates have registered before the Employment Exchange. It is stated that in the year 1964, direct recruitment was made to the post of Agricultural Engineer by the third respondent, namely, the Tamil Nadu Public Service Commission from among the candidates possessing degree in Engineering. In order to carry out Agricultural Engineering work, in consultation with the Agriculture College, Tamil Nadu Agriculture University, a new degree course was started in Engineering to cater to the above-said needs in the year 1972. Thus, from 1977, B.E. Agricultural Engineering graduates were recruited as Assistant Engineers in Agriculture Engineering Department. It is stated that the State Agriculture Engineering Department was bifurcated from the Agricultural Department since 1981. Service Rules were accordingly framed under G.O.Ms. No. 1987, Agri (AE-III) Department dated 28.08.1981 with effect from 01.02.1981. The qualification for recruitment to the post of Assistant Engineer (Agricultural Engineering) was prescribed as B.E. (Agriculture). The first set of candidates were recruited for the Agricultural Department during 1983-84. According to the Writ appellant, in the first list of selection of 49 Assistant Engineers, 9 reserved vacancies for the Scheduled Caste and Scheduled Tribe candidates remained unfilled on account of want of candidates. Apparently, there was no direct recruitment in the year 1985 and hence the vacancy continued and remained unfilled during this period. Considering the administrative exigency as well as the delay in making any appointment in accordance with the Rules, in the year 1985, the Government went in for appointment under Section 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules.

(2.) It is a matter of record that these recruitments were subsequently regularised by the Government. Thus, under G.O.Ms. No. 444, Agri (AB III) Department dated 13.06.1990, the Government regularised 157 temporary appointees, appointed upto 31.12.1985. There afterwards, again on 19.9.2005, under G.O.Ms. No. 511, Agricultural (AA.III) Department, the Government regularised another 115 temporary appointees. A reading of G.O.Ms. No. 444, Agri (AB III) Department dated 13.06.1990 shows that the Tamil Nadu Public Service Commission was requested to conduct a special examination, for the regularisation of the temporary Assistant Engineers (Agricultural Engineering), who were appointed on or after 01.01.1986. This is so even under G.O.Ms. No. 511 dated 19.11.1995. Thus, accordingly all the temporary appointees were regularised. In the year 2008, the third respondent issued advertisements to fill up 36 posts of Assistant Engineers, out of which, 8 vacancies were earmarked for Scheduled Caste community (5 SC General and 3 SC women).

(3.) The grievance of the writ appellant is that without ascertaining and filling the actual number of vacancies that fell under the reserved category under the previous recruitment year, namely 1985, only 8 vacancies were earmarked for Scheduled Caste community. Thus, the appellants contend that without filling up and by ignoring the backlog of vacancies reserved for Scheduled Caste/Scheduled Tribe candidates, Notification dated 31.01.2008 is totally illegal and contrary to the constitutional mandate.