R.Ravikumar vs The Director of School Educa
- Court
- Madras High Court
WP(MD) No. 20117 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 20117 of 2017
and
WMP(MD)Nos.16410 & 16411 of 2017
CNR:{HCMD011226442017}
R. Ravikumar
..Petitioner(s)
Vs
1. The Director of School Education
Chennai.
2. The Joint Director of School Education
Chennai.
3. The Chief Educational Officer
Tirunelveli,
Tirunelveli District.
4. I.Chandrasekar
5. V.Muthulakshmi
6. L.Sahayarigiasha
7. R.Chithra
8. P.Gomathy
9. R.Packialakshmi
10.M.Sankarammal
..Respondent(s)
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WP(MD) No. 20117 of 2017
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the records
pertaining to provisional selection list published on 14.04.2017 for the
rd
post of Laboratory Assistant by the 3 respondent and quash the same in
so far as the respondents 4 to 10 are concerned and direct the respondents
1 to 3 to appoint the petitioner as Laboratory Assistant with all
consequential benefits.
For Petitioner(s): M/s. V.Panneer Selvam
For Respondent(s): Mr. G. Sailendra Babu
Government Advocate (civil side)
for R1 to R3
Mr. B. Karuppasamy
for R4 (No appearance)
Mr. K. Shankaravyasan
for R9 (No appearance)
R5 to R8 and R10 (No appearance)
ORDER
This writ petition is filed challenging the provisional selection list
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published on 14 April 2017, to fill up the vacancies in the post of
rd
Laboratory Assistant by the 3 respondent insofar as the selection of the
respondents 4 to 10 is concerned and for a consequential direction to the
official respondents 1 to 3 to appoint the writ petitioner to the post of
Laboratory Assistant with all consequential benefits.
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2. Heard Mr. V. Panneer Selvam, learned counsel appearing for the
writ petitioner and Mr. G. Sailendra Babu, learned counsel, appearing for
the respondents 1-3. None appears for the respondents 4 to 10.
3. It is submitted on the side of the petitioner that the writ petitioner
possesses the eligible qualifications for the post of Laboratory Assistant
in the School Education Department. As many as 108 vacancies were
notified to be filled up by following the reservation under the 200 point
roster by the department.
4. The writ petitioner claims to be belonging to the MBC
community and is claiming the priority of being an orphan. This claim of
status as an orphan is sought to be substantiated with the certificate dated
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7 April 2010 issued by the Tahsildar of Sivagari taluk, and also an
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another certificate issued by the Revenue Divisional Officer dated 14
February 2012.
5. The grievance of the writ petitioner is that though he had secured
more marks than the private respondents 4 to 10, they had been selected
overlooking his candidature on the premise that they were accommodated
because they belong to the priority category of Destitute Widow and to
this extent, the impugned selection list overlooking the candidature of the
writ petitioner is vitiated and bad in law. He accordingly prays for
allowing the writ petition.
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6. Per contra, Mr. G. Sailendra Babu, learned Government
Advocate would submit that both the writ petitioner and also the private
respondents did possess the necessary qualifications for the post of
Laboratory Assistant in the School Education Department. He would also
admit that the petitioner had secured a total of 120 marks against the
maximum eligibility, whereas the private respondents 4-10 had secured a
total of 76, 76, 72, 72, 67, 66 and 64 marks and all of them belong to the
MBC community.
th
7. He would submit that while the 4 respondent claimed priority
as an Ex-Serviceman, the other respondents 5-10 claimed priority as
Destitute Widows among MBC candidates. The department had
accommodated them under the 200 point roster against Sl. Nos.86, 87,
91, 92, 100, 102 and 104. He would contend that the Government had
duly followed G.O.Ms. No.188, Personnel and Administrative Reforms
th
Department dated 28 December 1976. The writ petitioner belongs to the
orphan category, which falls under Group III of the priority.
8. Since candidates under Group II i.e. Ex-Serviceman and
Destitute Widows were very much available, the situation does not arouse
at that stage to consider a candidate from the Group III priority of orphan
and they had filled up all the vacancies with Group II category of Ex-
Serviceman and Destitute Widow and this selection therefore cannot be
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faulted with.
9. The learned counsel would also submit that the mere securing of
more number of marks than the private respondents will not give any
prerogative right to the writ petitioner to claim employment as a matter of
right. The petitioner admittedly belongs to the Group III priority of
orphan, whereas the private respondents belong to the Group II category
of Ex-Servicemen and Destitute Widow and since the then prevailing
th
G.O.Ms.No.188 dated 28 December 1976 did not provide for
considering a Group III priority category when Group II priority category
candidates are available, the impugned selection of the private
respondents cannot be faulted with.
10. He would also in his fairness bring to the notice of this Court
that the Government had brought G.O.Ms.No.122, Human Resources
nd
Management Department, dated 2 November 2021 by introducing
necessary changes in the manner of considering Group I, Group II and
nd
Group III, priorities and this was brought into effect only from 2
November 2021 and therefore when there is no challenge to
G.O.Ms.No.188, he would contend that the writ petition has to fail.
11. In reply, Mr. V. Panneer Selvam, learned counsel, appearing
for the petitioner would submit that a combined reading of
G.O.Ms.No.188 and G.O.Ms.No.122 does not indicate that there should
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be any waterfall mechanism of filling up the vacancies between Group II
and Group III category and in the absence of any such requirement
prescribed in G.O.Ms.No.188, he would pray that the writ petitions has to
be allowed.
12. He would also submit that if there are any other available
vacancies in the post of Laboratory Assistant in any of the districts, the
Department may be directed consider his candidature without disturbing
the private respondents who are in employment, for nearly a decade. He
accordingly prayed for allowing the writ petition by accommodating the
writ petitioner, even without disturbing the private respondents.
13. The facts are not in dispute, both the writ petitioner and the
private respondents belong to the MBC community. All of them claim the
th
benefit of priority considerations. The 4 respondent claims priority as an
Ex-Serviceman, the private respondents 5 to 10 claim priority as Destitute
Widows and the writ petitioner claims priority as an orphan. The
following of communal reservation by adopting the 200 point roster in
the selection is also not in dispute.
14. The only query to be answered by this Court is whether a
candidate in Group III priority can be considered only upon exhausting
all the candidates falling under the Group II priority category.
G.O.Ms.No.188 which then prevailed would state that the Government
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had in super session of the earlier G.O.Ms.No.183 is bringing in
G.O.Ms.No.188. It only indicates the different kinds of Groups like
Group I covering Disabled Ex-servicemen, widow of Ex-Serviceman and
group II covering Destitute Widows, Inter-caste married couple, Ex-
Servicemen, legal heirs of Freedom Fighters, repatriates, members of the
family whose lands were acquired, Differently Abled and; Group III
comprises of orphans, persons freed from Bonded Labour System,
Inmates and Ex-inmates of approved Schools and Vigilance Institutions
and discharged Government employees and there is an another Group IV,
which concerns persons who have served in Territorial Army for more
than six months and retrenched employees of the census organization and
the persons who have worked as Youth Services Corps volunteers.
15. The Government Order nowhere places any prescription that
there will be a waterfall mechanism to be adopted that is to state that first,
Group I priority will be considered and upon exhausting candidates from
Group I, Group II will be considered and upon exhausting Group II,
Group III will be considered and upon exhausting Group III, Group IV
will be considered. In the absence of any such provision indicating that
the priority of Group I should be preferred against Group II, the adoption
of such models by the respondent authorities in the impugned selection is
certainly bad in law.
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16. The very fact that this was streamlined by the Government vide
subsequent G.O.Ms.No.122, Human Resources Welfare Department
nd
dated 2 November 2021, would indicate that this is an anomaly that was
identified by the Government by providing for a cyclical order. In the
absence of any categorical indication that there should be a following of a
cyclical order or there should not be a following of a cyclical order, it
would only indicate that the priority between Group I, Group II, Group
III and Group IV should be appropriately considered and there should not
be any denial of employment to a candidate falling under the later group
priorities, merely because candidate from the previous priorities are much
in abundance.
17. However, this Court is of the considered opinion that it may not
be appropriate to this employee the private respondents 4 to 10 who are in
employment since 2017. Today Mr. V. Sailendra Babu, learned counsel
appearing for the respondent would inform this Court that there are as
many as 28 vacancies even in the district of Tirunelveli, in the post of
Laboratory Assistant.
18. Accordingly, the following order is passed:
(1) The prayer of the writ petitioner to set aside the provision
selection list insofar as the selection of the respondents 4 to 10 is hereby
rejected.
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(2) The manner of filling up of the vacancy by the Government by
not adopting a cyclical manner of filling up between Group I, group II,
Group III and Group IV priorities is held as bad in law.
(3) The appointment and continuous employment of the
respondents 4 to 10 shall not be disturbed with.
(4) The Second part of the relief sought for by the petitioner to
employ him as a Laboratory Assistant in the available vacancy is granted.
(5) The respondents 1 to 3 are hereby directed to employ the
petitioner in the post of Laboratory Assistant in any one of the available
vacancies in the district of Tirunelveli and the said order of appointment
shall be issued within a period of eight [8] weeks from the date of receipt
of a copy of this order. The employment of the petitioner shall be
reckoned from the date of his joining service.
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
psm
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WP(MD) No. 20117 of 2017
To
1. The Director of School Education
Chennai.
2. The Joint Director of School Education
Chennai.
3. The Chief Educational Officer
Tirunelveli,
Tirunelveli District.
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WP(MD) No. 20117 of 2017
N.DILIP KUMAR, J.
psm
WP(MD) No. 20117 of2017
26-10-2026
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