‘Otherwise, it will result in injustice to candidates under general category’
Reservation in government employment cannot be allowed to exceed the percentage prescribed for various categories. Otherwise, it will result in injustice to candidates not falling within its purview, the Madras High Court Bench here has observed.
“It is an everlasting principle of law that reservation cannot be allowed to exceed the percentage prescribed for reservation, and it would result in injustice to candidates falling outside the reservation category,” the Bench observed.
Justices A. Selvam and V.S. Ravi made the observation, dismissing writ appeals filed by two aspirants for the post of District Educational Officer (DEO). The appellants were aggrieved at the implementation of the 200-point, and not 100-point, roster system while reservation was decided for the post.
Stating that they belonged to the Scheduled Caste and the Backward Class, the litigants claimed that they would have got selected for the post by the Tamil Nadu Public Service Commission (TNPSC) in 2009, had the government followed a 100-point roster system.
But the Bench rejected their contention and held that the candidates could not question the roster system after having participated in the selection process, knowing that only the 200-point system would be implemented for the post as per a Government Order issued on September 15, 2007.
The judges also recorded the submission of Advocate-General A.L. Somayaji that the TNPSC had issued a notification on January 23, 2009, calling for applications to fill six vacancies for the post of DEO, and on that date, the 200-point roster system alone was in effect.
The Bench refused to accept the appellants’ contention that their participation in the selection process could not act as a bar on questioning the methodology adopted by the government especially when it had infringed their fundamental rights.
Holding that it did not find infringement of any fundamental right of the appellants, the Bench said they had been given sufficient opportunity to take part in the written examination as well as the interview. “But unfortunately, they were not selected in view of the 200-point roster system.”