Court allowed Writ Petition quashing communal roster approach and directed State to recompute seniority of Assistant Geologists based solely on examination marks, ordering compliance within six weeks.
Writ Petition allowed; respondent directed to prepare seniority list based on marks within six weeks; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD).No.24373 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.24373 of 2018 and W.M.P.(MD).No.22061 of 2018
V.Vijayaragavan
... Petitioner
Vs.
3.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai – 600 003. ... Respondents
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W.P.(MD).No.24373 of 2018
Prayer
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to publish the seniority list of Assistant Geologist taking into consideration of the marks secured by the respective candidates in the examination conducted in pursuant to the notification No.2 of 2012 dated 02.04.2012 issued by the third respondent after getting the objection from the respective candidates in regard to seniority list if any and then proceed with the promotion within the period that may be stipulated by this Court.
For Petitioner : Mr.H.Mohammed Imran, for M/s.Ajmal Associates For R-1 and R-2 : Mr.M.Lingadurai, Special Government Pleader. For R-3 : Mr.J.Anand Kumar, Standing Counsel.
ORDER
This Writ Petition is filed for Mandamus directing the respondents to prepare the seniority list of Assistant Geologist based on the marks secured by the candidates in the examination conducted in pursuant to the Notification No.2 of 2012 dated 02.12.2012.
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W.P.(MD).No.24373 of 2018
the seniority based on the communal roaster. The Department has to follow communal roaster for appointment and for preparing the seniority, the Department ought to follow the merit based on the marks secured in the selection process. The said proposition is settled by the Hon’ble Supreme Court in the case of Bimlesh Tanwar Vs. State of Haryana and others reported in 2003 5 SCC 604 . In the latest order dated 18.04.2023 passed by the Hon’ble Supreme Court in Contempt Petition (Civil) Diary No(s). 6415/2021 in the case of P.Madhu Vs K.Nanthakumar & another , the Hon’ble Supreme Court has considered the implementation of the direction issued in the Bimlesh Tanwar case and has held as under:
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W.P.(MD).No.24373 of 2018
list based on the marks obtained in the selection process. The said exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.
24.04.2023
NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr
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W.P.(MD).No.24373 of 2018
To
1.The Secretary, The State of Tamil Nadu, Public Works Department, Secretariat, Chennai.
2.The Chief Engineer, Water Resource Organization, Public Works Department, SG & SWR DC, Chennai – 113.
3.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town,
Chennai – 600 003.
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W.P.(MD).No.24373 of 2018
S.SRIMATHY, J.
Nsr
W.P.(MD).No.24373 of 2018
24.04.2023
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3 issues framed by the court
Whether respondents are directed to prepare seniority list of Assistant Geologist based on marks secured in selection process.
Whether communal roster rules apply contrary to merit-based seniority if selection followed Armed Forces Vishwakarma Protocol.
Whether the exercise of finalizing seniority lists must be completed within stipulated period.
Colour shows how this judgement treated each authority
Bimlesh Tanwar Vs. State of Haryana and othersFollowed¶24
Bimlesh Tanwar Vs. State of Haryana and others 2003 5 SCC 604 · Who else cites this
P. Madhu Vs K. Nanthakumar & anotherFollowed¶24
P. Madhu Vs K. Nanthakumar & another Contempt Petition (Civil) Diary No(s). 6415/2021
1 provisions across 1 enactments
V. Vijayaragavan
State of Tamil Nadu
Chief Engineer, Water Resource Organization
Secretary, Tamil Nadu Public Service Commission
S. Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
