Case Note & Summary
The case involved a writ petition filed by the petitioner seeking a Writ of Mandamus to direct the Tamil Nadu Public Service Commission and other respondents to implement the directions from a previous judgment in G.Sakthi Rao's case regarding reservation under the PSTM category. The petitioner, who had studied in Tamil Medium from the first standard, claimed entitlement to two vacancies reserved for PSTM candidates. The respondents had issued a notification for the recruitment of Assistant Director of Industries and Commerce, but the petitioner was not selected despite being eligible. The court examined whether the selected candidates had studied in Tamil Medium as required. The petitioner argued that the selected candidates did not meet the educational criteria, while the respondents contended that the selection was based on merit and existing policies. The court found that the selection process did not comply with the guidelines set forth in G.Sakthi Rao's case, as the selected candidates only possessed degree-level PSTM certificates. The court directed the respondents to prepare a fresh selection list in accordance with the previous judgment and allowed the petitioner to be accommodated in a supernumerary post if eligible. The decision emphasized the need for adherence to the reservation policy while ensuring that the appointments already made would not be disturbed.
Headnote
A) Constitutional Law - Writ of Mandamus - Implementation of Reservation Policy - Article 226 of the Constitution of India - The petitioner sought a direction for the strict implementation of the reservation policy for PSTM candidates as per the previous judgment. The court held that the selection process must comply with the established guidelines ensuring only eligible candidates are appointed (Paras 21-21).
Issue of Consideration
Whether the selection of candidates under the PSTM category adhered to the directions in G.Sakthi Rao's case and the relevant reservation policy.
Final Decision
The court allowed the writ petition, directing the first respondent to prepare a fresh selection list for PSTM reservation in line with the directions given in G.Sakthi Rao's case and Act 35 of 2020. The petitioner was to be accommodated in a supernumerary post if eligible, with continuity of service from the date of joining of the last selected candidate.
Law Points
- Writ of Mandamus
- Reservation Policy
- PSTM Category
- Educational Qualification Verification
- Clarificatory Amendment
