D KARAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PRAYER in these writ petitions are to quash the advertisement No.104 dated 5.4.2007 and direct the respondents to appoint the petitioners, who are in the reserved list, in the vacancies arising for the post of Assistant Surgeon (Dental) 2003-2005 due to non-joining of the candidates.

(2.) THE brief facts necessary for disposal of these writ petitions are as follows:(a) THE petitioners have passed Bachelor of Dental Surgery from the Tamil Nadu Dr. MGR Medical University. On 15.9.2006, the second respondent issued an advertisement calling for applications from the degree holders in Dental Surgery for the post of Assistant Surgeon (Dental) in the Tamil Nadu Medical Service. As per the said advertisement, there were 39 vacancies in the post of Assistant Surgeon (Dental) for the year 2003-2005. Petitioners having satisfied with the qualification, based on their applications, they were permitted to appear in the written examination conducted on 10.12.2006.(b) THE second respondent thereafter released a list of 79 candidates for oral test, which was to be held on 25.1.2007. According to the petitioners, after the oral tests, a list of 39 candidates, including two candidates whose results were withheld, was published as they were selected and 11 candidates were placed in the reserve list for the post of Assistant Surgeon (Dental). Petitioners are among the reserve list candidates.(c) Communication was issued by the second respondent on 20.2.2007 stating that the petitioner in W.P.No.19612 of 2007 was placed in the reserve list in the category of MBC/denotified community (General-1) petitioner in W.P.No.19613 of 2007 was placed in the reserve list in the category of Scheduled Caste (1) petitioner in W.P.No.19614 of 2007 was placed in the reserve list in the category of General Turn (2) and Backward Community (1) and the petitioner in W.P.NO.19615 of 2007 was placed in the reserve list in category of Backward Community (General) (2).(d) THE second respondent also published the reserve list in the newspapers by stating as follows:"THE candidates in the Reserve list from the respective categories will be considered for allotment in the place of the candidates in the select list who fail to join duty. THE Reserve list is valid till the finalization of the select list of the subsequent recruitment to this post." THE communication dated 20.02.07 also stated that the reserve list will be in force until the drawal of next selection list for this post by Commission for selection of candidates therefrom against the vacancies caused due to any of the following reasons:(a) Non-joining of selected candidates.(b) Selected candidates who joined duty but left thereafter.(c) Cancellation of provisional selection of selected candidates for any reason."As per the above statement by the second respondent, the reserve list candidates are to be considered in the respective categories for allotment, if the selected candidates in the said categories fail to join duty.(e) THE third respondent issued posting orders to the selected candidates on 3.4.2007 stating that no representation from the candidates would be entertained seeking joining time and they have to join duty within 30 days from the date of receipt of the posting orders, failing which their names will be recommended to the Government for removing from the approved list. Thus, according to the petitioners, 30 days time was given to the persons under Rule 21(a)(11) of the Special Rules for the Tamil Nadu Medical Services, which was issued in G.O.Ms.No.221 Health and Family Welfare Department, dated 28.5.1998.(f) According to the petitioners, 14 selected candidates failed to join duty within the prescribed period of 30 days or thereafter. THE third respondent through his proceedings dated 17.5.2007 informed the first respondent about the list of 14 candidates, who have failed to join duty due to their pursuing P.G. course. THE respondents, failed to remove the names of the above said 14 candidates, who failed to join duty within the prescribed time and consequently failed to operate the reserve list.(g) In the meanwhile, the second respondent issued fresh advertisement for selection of Assistant Surgeon (Dental) 2006 on 5.4.2007 for 16 vacancies through the impugned advertisement. THE said issuance of the fresh advertisement when the petitioners, who are in the reserve list waiting to join duty in the post, is challenged by the petitioners in these writ petitions on the ground that the action of the respondents in not releasing the petitioners' names for appointment in spite of the availability of vacancies due to non-joining of the selected candidates, is illegal and by virtue of the new advertisement calling for fresh candidates their rights are affected.

(3.) THE question arises for determination in these writ petitions is whether the waiting list/reserve list candidates are having any right to demand posting, if the selected candidates fail to join duty for any reason.