(1.) Pursuant to the order dated 27.02.2019 passed by the Division Bench of this Court, allowing the aforesaid Writ Petitions, inter alia referring certain questions for consideration for an authoritative pronouncement, the Honourable Chief Justice has constituted this Full Bench for considering the below mentioned issues referred to therein:-
(2.) For the purpose of answering this reference, the factual background, based on which the writ petitions have been filed, has to be examined.
(3.) The Petitioner in WP No. 27127 of 2018 had completed his schooling during March 1996 and acquired a degree in B. Sc, Chemistry. Thereafter, he passed Degree of Bachelor of Law during May 2007 and enrolled his name as Advocate in the Bar Council of Tamil Nadu and Puducherry on 07.12.2007. While so, by notification No. 8 of 2018 dated 09.04.2018, the Tamil Nadu Public Service Commission (in short Commission) invited applications to fill up 320 vacancies to the post of Civil Judge. Pursuant to such notification, the petitioner submitted his application on 03.05.2018. The petitioner had come out successfully in both the Preliminary and main examination and he was called for an interview on 03.10.2018. At the time of interview, after verifying the testimonials submitted by him, the petitioner was called upon to give an undertaking to the effect that he is not claiming any benefit under "Persons Studied in Tamil Medium" (in short PSTM) and the petitioner has also given such an undertaking. It is the specific assertion of the petitioner that he is not claiming any benefit as PSTM candidate. However, since the petitioner had written his degree examinations in Tamil and also filled up the applications for selection to the post of Civil Judge in Tamil, the second respondent had misunderstood as if the petitioner is laying a claim for selection to the post of Civil Judge under PSTM category, but the fact remains that the petitioner is seeking his selection only on the basis of the communal category to which he belongs to namely Schedule Caste.