Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2016 – s.27(f) Tamil Nadu Government Servants (Conditions of Service) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tamil Nadu Government Servants (Conditions of Service) Act, 2016 – s.27(f) – Reservation for appointment – Manner of filling up the seats – Direct recruitment – Post Graduate Assistants in Chemistry – 356 posts notified wherein 117 vacancies (74 backlog and 43 current vacancies) were available for Most Backward Class (MBC) and Denotified Community (DNC) candidates – Provisional selection list published – Meritorious candidates under the MBC quota were appointed in the MBC/DNC quota against the backlog vacancies – Challenged by respondents, by filing writ petition for quashing of the selection list and for their appointment – Succeeded before Single Judge – Writ appeal – Dismissed – Held: Entire confusion has arisen due to the wrong reading of s.27 providing for reservation for appointment – s.27(f) merely states that if the required number of candidates belonging to the reserved community are not available, then the vacancies, for which selection could not be made in the current year, should be treated as backlog vacancies – In subsequent recruitment, the backlog vacancies and the current vacancies for the particular community must be separately announced – Direct recruitment must first accommodate the backlog vacancies and thereafter only, the current vacancies have to be accommodated – The provision had been read by the appellants as if the backlog vacancies must be filled in by MBC/DNC category candidates, irrespective of the candidate’s merit/rank – Such reservation category candidates who make it on their own merit have to be adjusted against the general category candidates – s.27(f) cannot be read in a manner to negate this principle – s.27 deals with the reservation – It has nothing to do with the general candidates list/General Turn vacancies – Such candidates who have made it on their own merit albeit, from reserved category, have not sought the benefit of the reservation – Thus, s.27 would have nothing to do up to that point – It would apply only when the reservation principle begins, which is after filling up of the seats on merit – Thus, the word “first” in proviso would apply at that stage, i.e., the backlog vacancies have to be filled in first and the current vacancies to be filled in thereafter – At the stage when the general category seats are being filled, there is thus no question of any carry forward or current vacancies for reserved category arising at all – View taken by the courts below agreed with. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2021 INSC 154 |
Petitioner | The State Of Tamil Nadu & Ors. |
Respondent | K. Shobana Etc. Etc. |
SCR | [2021] 2 S.C.R. 1164 |
Judgement Date | 2021-03-05 |
Case Number | 3745-3754 |
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