V. RATHIKA Vs. THE PRINCIPAL SECRETARY, TO THE GOVERNMENT OF TAMILNADU PERSONNEL AND ADMINISTRATIVE (K) DEPARTMENT AND THE SECRETARY, TAMILNADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE writ petitioners have filed WP (MD) Nos. 3889 & 3890 of 2013 on the file of this Court under Article 226 of the Constitution of India praying to issue a Writ of Declaration or any other appropriate Writ or Order so as to declare that G.O. Ms. No. 241, Personnel and Administrative Reforms (k) Department dated 29.10.2007 by way of implementing 200 point roster afresh from serial number one as null and void and the same is unconstitutional.

(2.) THE appellants as writ petitioners have filed WP (MD) Nos. 252 and 253 of 2010 on the file of this Court praying to issue a writ of Certiorarified Mandamus so as to call for records from the first respondent pertaining to selection list published on 18.12.2009 and quash the same especially in respect of respective third respondent and consequently direct the first respondent to select the petitioners as District Educational Officers as notified in advertisement No. 183 dated 23.01.2009. The learned Single Judge has dismissed both the writ petitions by way of passing a common order. Against the common order passed by the learned Single Judge, these Writ Appeals have been preferred at the instance of the respective petitioner as appellant.

(3.) IN the counter affidavit filed on the side of the first respondent in both Writ Petitions it is averred that the Government of Tamil Nadu have enacted the Tamil Nadu Backward Class Christians and Backward Class Muslims (Reservation of seats in Educational Institutions including private Educational Institutions and of appointments or posts in the services under the State), Act 2007 (Tamil Nadu Act 33 of 2007) providing reservations for appointments or posts in the services under the State for the Backward Class Christians and Backward Class Muslims at 3.5% out of 30% reservation and consequently issued G.O. Ms. No. 241, Personnel and Administrative Reforms (k) Department dated 29.10.2007 and thereby revised the existing 100 point roster prescribed in Schedule - III of the General Rules for Tamil Nadu State and Subordinate Services into 200 point roster and the same has been given effect from 15.09.2007 and subsequently vacancies have been filled up by way of adopting 200 point roster. After issuance of the said G.O. Ms. No. 241, Personnel and Administrative Reforms (k) Department dated 29.10.2007, a representation has been received from Christian Community and the Government have amended the Act by way of passing Amendment Act, 2008 so as to enable them to compete within the reservation provided for the Backward Classes. In pursuance of the said Act, orders have been issued in G.O. Ms. No. 206, Personnel & Administrative Reforms (K) Department dated 06.11.2008 and thereby revised 200 point roster and the said roster shall be made applicable in respect of those selections made by recruiting agencies and appointments made on or after 22.10.2008. However, recruiting agencies/appointing authorities have been informed that if any selection has been made with reference to 200 point roster prescribed in G.O. Ms. No. 241, Personnel and Administrative Reforms (k) Department dated 29.10.2007 need not be reopened and for further selections/appointments, the revised roster in G.O. Ms. No. 206, Personnel & Administrative Reforms (K) Department dated 06.11.2008 shall be continued by recruiting agencies/appointing authorities from the last turn upto which the selection has already been made. Since the first recruitment for the post of District Educational Officer, Tamil Nadu Public Service Commission has issued Advertisement No. 185 dated 23.01.1991 after issuance of 200 point roster in G.O. Ms. No. 241, Personnel and Administrative Reforms (k) Department dated 29.10.2007 and subsequently revised roster prescribed in G.O. Ms. No. 206, Personnel & Administrative Reforms (K) Department dated 06.11.2008, the roster starts afresh from serial No. 1 of 200 point roster for the post of District Educational Officer. There is no merit in the petitions and the same are liable to be dismissed.