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N.Packiarajan v. the State Tamilnadu

Constitutional validity – Writ of Declaration under Article 226

Madras HC2 Apr 2025WP/19092/2024

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Case brief

AI extract

What is this about?

Madras High Court writ of declaration; N. Packiarajan v. State of Tamil Nadu; challenge to third proviso to Section 27(f), Tamil Nadu Government Servants (Conditions of Service) Act, 2016; carry-forward vs lapse of unfilled Backward Class reserved vacancies; equality clauses Articles 14, 16(1), 16(4), 16(4-B); reservation policy amendment under process; disposed of without merits adjudication; direction to expedite amendment; W.M.P.No.20946 of 2024 closed; no costs; decision dated 02.04.2025.

What did the court decide?

No substantive relief; the writ petition was disposed of without adjudication on merits, with a direction to the respondents to expedite the amendment process and take an appropriate decision in accordance with law; W.M.P.No.20946 of 2024 closed; no costs. ¶32

N.Packiarajan Vs the State Tamilnadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the third proviso to Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, which allows unfilled vacancies reserved for Backward Classes in a particular year to lapse instead of being carried forward to the next recruitment years (unlike unfilled vacancies of Scheduled Castes, Scheduled Tribes, Most Backward Classes and Denotified Communities), is ultra vires Articles 14, 16(1), 16(4) and 16(4-B) of the Constitution of India.

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Ratio / Principle

In view of the counter affidavit stating that comprehensive amendment of the Act, including the reservation provisions, is under process, adjudication on merits of the constitutional challenge was not required at present.

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Key takeaways

The respondents were directed to expedite the amendment process and take an appropriate decision in accordance with law, as expeditiously as possible.ratio¶32

Detailed headnote1 paragraphs

Constitutional validity — Writ of Declaration under Article 226 — third proviso to Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 challenged as violative of Articles 14, 16(1), 16(4) and 16(4-B) insofar as it permits unfilled vacancies reserved for Backward Classes to lapse instead of being carried forward, unlike unfilled vacancies of Scheduled Castes, Scheduled Tribes, Most Backward Classes and Denotified Communities. The State (HRM Department) filed a counter affidavit stating that comprehensive amendment of the Act, including the rule-of-reservation provisions, is under process. Held, in view of that averment adjudication on merits was not presently required; respondents directed to expedite the process and take an appropriate decision in accordance with law as expeditiously as possible. Writ petition disposed of; W.M.P.No.20946 of 2024 closed; no costs. The constitutional question was left undecided (Coram: S.M. Subramaniam and K. Rajasekar, JJ.; order by S.M. Subramaniam, J.).

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W.P.No.19092 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.04.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

W.P.No.19092 of 2024

N.Packiarajan

.. Petitioner

The State of Tamil Nadu

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rep. by its Secretary to Government Human Resources Management Department Fort St.George, Chennai 600 009

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The State of Tamil Nadu

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rep. by its Principal Secretary to Government School Education Department Fort St.George, Chennai 600 009

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The State of Tamil Nadu

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rep. by its Principal Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare Department Fort St.George, Chennai 600 009 .. Respondents

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Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, to declare that the third proviso to Section 27(f) of the Tamilnadu Government Servants (Conditions of

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https://www.mhc.tn.gov.in/judis

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W.P.No.19092 of 2024

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Service) Act 2016 is violative of ultra vires the provisions of Articles 14, 16(1), 16(4) and 16(4(B) of the Constitution of India insofar as it allows the unfilled vacancies reserved for Backward Classes in a particular year to lapse, instead of being carried forward for the next recruitment years as in the case of unfilled vacancies of Scheduled Castes, Scheduled Tribes, Most Backward Classes and Denotified Communities and hence unconstitutional.

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For Petitioner :: Mr.R.Ramachandran For Respondents :: Mrs.E.Ranganayaki Additional Government Pleader

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM,J.)

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The writ of declaration has been instituted to declare that the third

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proviso to Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 is violative of ultra vires the provisions of Articles 14, 16(1), 16(4) and 16(4(B) of the Constitution of India insofar as it allows the unfilled vacancies reserved for Backward Classes in a particular year to lapse instead of being carried forward for the next recruitment years as in the case of unfilled vacancies of Scheduled Castes, Scheduled Tribes, Most Backward Classes and Denotified Communities and hence unconstitutional.

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https://www.mhc.tn.gov.in/judis

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W.P.No.19092 of 2024

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2. With reference to the relief as such sought for in the present writ

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petition, the Secretary to Government, Human Resources Management Department filed a counter affidavit stating that amending the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 in a comprehensive manner, including the provisions relating to the rule of reservation, is under process.

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3. In view of the said averment in the counter affidavit, adjudication on merits at present may not be required. The respondents are directed to expedite the process and take an appropriate decision in accordance with law, as expeditiously as possible. The writ petition stands disposed of. Consequently, W.M.P.No.20946 of 2024 is closed. No costs.

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Index : yes (S.M.S.,J.) (K.R.S.,J.) Neutral citation : yes/no 02.04.2025 ss

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https://www.mhc.tn.gov.in/judis

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W.P.No.19092 of 2024

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