TAMIL NADU PUBLIC SERVICE COMMISSION Vs. C MUNUSAMY

JUDGEMENT

(1.) AGGRIEVED by the order of the Tamil Nadu Administrative tribunal, Chennai dated 11-07-200 2 made in O. A. No. 7099 of 1996, Tamil Nadu Public Service Commission has filed the above Writ Petition to quash the same on various grounds.

(2.) THE first respondent herein has claimed appointment to post of District Educational Officer in the selection conducted by the Tamil Nadu public Service Commission during 1996. It is the claim of the first respondent that he has secured 212 marks. According to him, the procedure announced was that selection is based on the subject-wise and the reservation and rotation system were also followed, however, such procedure was not followed in his case in the selection. Candidates should be selected for the subject Mathematics. Among the candidates in Backward Class community, he is the highest scorer next to Backward Class (Women ). It is also his claim that if the rotation system was adopted, as announced in the notification, as he is No. 2 candidate in mathematics and belongs to B. C, since he has secured the higher marks, he would have been selected. It is also his grievance that instead of following the same, the highest scorer in the B. C (Women) has been selected and given posting apart from 2 M. B. Cs. , and one S. C. He is No. 2 among the candidates whose subject is mathematics. THE Tribunal, after referring to the stand of the Tamil nadu Public Service Commission in their reply affidavit and finding that as per clause 9 of the Notification, the selection is subject to rule of reservation only, has changed the system of selection and directed the applicant (first respondent herein) be given appointment as District Educational Officer in any one of the existing vacancies within a period of three months from the date of its order and also observed that if no vacancy, he shall be given appointment in the vacancy that arises in future. Questioning the same, the Tamil Nadu public Service Commission has filed the above writ petition.

(3.) RULE 3 of the Special RULEs governing the said post reads as under: "3. Reservation of appointment. The rule of reservation of appointments (General RULE 22) shall apply to appointments by direct recruitment to all the categories in the service, the appointments to each category being treated as one unit. "