5.After hearing both sides and perusing the documents adduced, the Tribunal had given a finding that there is no indication of horizontal reservation for MSPs in the Notification. Thereafter, referring to the Official Memorandum issued by the Home Department, Government of Puducherry dated 06.01.2011 stipulating that horizontal reservation has to be given at 5% to MSPs as per the guidelines of the Government of India out of which 20% (of 5%) quota should be filled by woman MSP and therefore, out of 41 posts, 2 posts would be in MSP category, 1 man and 1 woman and accordingly these posts should be filled by MSPs in the current recruitment itself, the Tribunal observed that this stipulation as set out in the file noting of Home Department would give credence to the claim of the petitioners, but the official memorandum was issued well after the Notification and therefore, it was not necessary that the MSP quota be operated in the recruitment process initiated vide Notification dated 18.11.2010, when the Notification did not provide for such reservation for MSPs. It was also observed that the norms of selection could not be altered mid-stream, ie., after the issue of Notification. Finally, the Tribunal rejected the prayer of the petitioners and held that they may apply as and when the next round of recruitment is taken up for the post of Sub-Inspector, subject to their being eligible.
