✦ High Court of India · 11 Mar 2025

High Court · 2025

Case Details High Court of India · 11 Mar 2025
Court
High Court of India
Decided
11 Mar 2025
Length
1,013 words

Acts & Sections

W.P.No.8771 of 2016IN THE HIGH COURT OF JUDICATURE AT MADRASCORAM THE HON'BLE MR. JUSTICE RMT.TEEKAA RAMANW.P.No.8771 of 2016and WMP No.33246 of 2024Judgment reserved on 18.02.2025Judgment pronounced on 11.03.2025T.Lakshmi...PetitionerVs1.State of Tamil Nadu, Rep.by its Principal Secretary to Government, Department of Sericulture, Nethaji Nagar, Hasthampatty, Salem – 636 007.2.The Director, Directorate of Sericulture, Nethaji Nagar, Hasthampatty, Salem - 636 007.3.K.Mohanapriya4.S.Thangamani5.M.Gomathi6.K.Mukilarasi7.D.Jambu8.M.Muthu...Respondents1/9 https://www.mhc.tn.gov.in/judis W.P.No.8771 of 2016 Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the entire records connected with the impugned selection list for the post of Junior Inspector of Sericulture for the year 2015-2016 so far as the selection of the respondents 3 to 8 under the category of MBC/DC published in the official website by the 2nd respondent on 02.03.2016 and quash the same. Consequently direct the 2nd respondent to consider the petitioner's candidature and appoint her as Junior Inspector of Sericulture on the basis of the marks secured by her in the selection process, within a time frame fixed by this Court.For Petitioner : Mr.A.Arun, for Mr.S.Sathia ChandranFor Respondents : Mr.P.Muthukumar, Additional Advocate General Asst.by Mr.R.Kumaravel, Addl. Govt. Pleader for R1 and R2Mr.A.M.Esakkiappan for R3.Mr.P.Ganesan for Mr.M.Kaviveerappan for R4, R5 and R7.No appearance for R6 and R8 2/9 https://www.mhc.tn.gov.in/judis W.P.No.8771 of 2016O R D E RThis writ petition has been filed challenging the selection of selection list published by the second respondent dated 02.03.2016 whereby the private respondents 3 to 8 were selected and the petitioner was not selected and to quash to the same and to include her name in the selection list.2. The learned Additional Advocate General submitted that the respondent issued a Notification No.01/2015 dated 09.05.2015 inviting applications for the direct recruitment for the post of Assistant Inspector of Sericulture and for the post of Junior Inspector of Sericulture. A corrigendum to the notification dated 16.05.2015 also was issued. The above corrigendum was set aside by the High Court of Madras. Hence, a fresh notification No.01/2016, dated 13.01.2016 combining the posts notified for the year 2014-2015 and posts to be filled up for 2015-2016 was issued by the respondent inviting application from candidates for the direct recruitment of 43 posts of Assistant Inspectors of Sericulture and 257 posts of Junior Inspectors of Sericulture for the years 2015-2016.3/9 https://www.mhc.tn.gov.in/judis W.P.No.8771 of 20163. The petitioner herein is an MBC candidate and was permitted for written examination and thereafter permitted to participate in the interview. The petitioner scored 110.25 marks in written examination and 8 marks in interview and an overall marks of 118.25. The petitioner had not come under any priority category except that she studied in 'Tamil Medium'. As per G.O (Ms) No.142, Personnel and Administrative Reforms (K) Department dated 14.10.2009, 200 points roaster is maintained following priority and non-priority candidates at a ratio of 1:4. In addition to this, rule of reservation has also been followed. The petitioner filed WMP No.33246 of 2024 for furnishing details of marks secured under the various categories in which counter has been filed by the department. 4. As per the counter, the names of six candidates referred by the petitioner had been included in the selection list based on priority basis as detailed below:-Srl.No.Roll No.Name of the selected candidateCommunityMarks ObtainedPriority Factor11263K.MohanapriyaMBC/DNC111.25Differently abled person & studied in Tamil Medium4/9 https://www.mhc.tn.gov.in/judis W.P.No.8771 of 2016Srl.No.Roll No.Name of the selected candidateCommunityMarks ObtainedPriority Factor21826S.ThangamaniMBC/DNC83.50Destitute Widow33148M.GomathiMBC/DNC65.00Destitute Widow & studied in Tamil Medium43188MukilarasiMBC/DNC116.75Ex-serviceman & studied in Tamil Medium51191D.JambuMBC/DNC92.50Ex-serviceman & studied in Tamil Medium62489M.MuthuMBC/DNC107.50Ex-serviceman5. As per the above cut-off marks, the following candidates had been selected to the post of Junior Inspector of Sericulture under MBC/DNC (Women) (Tamil Medium) category and the details are as follows:-Srl.No.Roll No.Name of the selected candidateCommunityMarks ObtainedPriority Factor11399K.GayathriMBC/DNC135.00Women (PSTM)23187S.VasanthiMBC/DNC127.00Women (PSTM)31627V.SoniyaMBC/DNC121.75Women (PSTM)5/9 https://www.mhc.tn.gov.in/judis W.P.No.8771 of 2016Srl.No.Roll No.Name of the selected candidateCommunityMarks ObtainedPriority Factor42197S.VijayakalaMBC/DNC118.75Women (PSTM)6. The details of petitioner's communities, marks obtained and reason for the non-selection to the post of Junior Inspector of Sericulture are as follows :Srl.No.Candidate NameWrit Petition No.Community Marks ObtainedReason for not selected1T.LakshmiW.P.No.8771 of 2016MBC/DC118.252Martuthai.C.W.P.No.15176 of 2016SC117.75Not reached the zone of consideration3Dhayalan.JW.P.No.11653 of 2016SC99.754Arunprasanth.MW.P.No.11653 of 2016MBC/DC129.55Thulasi.CW.P.No.11653 of 2016BC115.56Pasupathi.SW.P.No.11653 of 2016BC101.57Tharaniraj DW.P.No.11653 of 2016BC101.5EXPERIENCE CERTIFICATE OBTAINED FROM PRIVATE AGENCY7. Now, from the counter filed by the second respondent, the 6/9 https://www.mhc.tn.gov.in/judis W.P.No.8771 of 2016picture is clear that the petitioner who is a non-priority candidate with Tamil Medium qualification has secured 118.25 for which the cut off marks i.e., non-priority with Tamil Medium Woman candidate is 118.75. Therefore, the petitioner has not been qualified for selection. The contesting respondents are coming under the privilege category and hence it cannot be equated with the petitioner. As far as the petitioner is concerned, she falls under the category of MBC Women where the cut off marks is 118.75, however the petitioner has secured only 118.25. She has secured 110.25 marks in the written examination and 8 marks in the interview and thus, overall marks works out to 118.25. Thus, she has not come under any category except she studied Tamil Medium. The cut off mark for MBC Women PSTM is 118.75 and the petitioner has not come within the zone of consideration and hence she is not eligible for appointment. 8. With respect to the seats reserved, as pointed by the learned counsel for the petitioner, for MBC, out of 51 posts, 27 is reserved for General category, 10 is reserved for Women category, General (Tamil) is 5, Women (Tamil) is 4, Women (Destitute Widow – Tamil) is 1, ex-servicemen category is 3 and physically challenged is 1. The petitioner 7/9 https://www.mhc.tn.gov.in/judis W.P.No.8771 of 2016falls under the category of MBC Women (Tamil). As per the tabular column furnished above, the cut off marks was 118.75 while the petitioner has secured only 118.25. Hence, I find no merit in this petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. 11.03.2025rgrIndex : Yes/NoSpeaking/Non-speaking order To1. The Principal Secretary to Government, Department of Sericulture, Nethaji Nagar, Hasthampatty, Salem – 636 007.2.The Director, Directorate of Sericulture, Nethaji Nagar, Hasthampatty, Salem - 636 007.8/9 https://www.mhc.tn.gov.in/judis W.P.No.8771 of 2016RMT.TEEKAA RAMAN, J.rgrOrder inW.P.No.8771 of 201611.03.20259/9

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