S. Vijayakumari v. Principal Secretary to Government Rural Development & Panchayat Raj Department Secretariat
2013-08-05
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
JUDGMENT 1. With the consent of both parties, the Writ Petition itself is taken up for final disposal, as the matter lies in narrow compass. 2. Heard both sides. 3. According to the petitioner, she belongs to Scheduled Tribe Community. She applied for Group I Service examination pertaining to the years 20072011. The petitioner was conditionally selected by the second respondent in Memo kNo.2929/OTD-C1/2010 dated 14.2.2013. The conditional selection was on the ground that the community certificate of the petitioner was to be verified by the State Level Scrutiny Committee. 4. After the selection was made, the matter was referred to the first respondent to issue an appointment order. The first respondent also sent a letter dated 18.3.2013 to produce Physical Fitness Certificate. The petitioner also submitted the same. But, no appointment order is given. 5. Hence, the petitioner has filed this Writ Petition seeking for a direction to the first respondent to issue appointment order to the petitioner as Assistant Director of Rural Development based on the selection of the second respondent. 6. The learned counsel for the petitioner has submitted that there is no reason for the first respondent to withhold the appointment and the appointment could be made subject to the result of the verification of the community certificate of the petitioner by the State Level Scrutiny Committee. 7. The learned Additional Government Pleader has submitted that the petitioner could be given appointment order after the State Level Scrutiny Committee gives its finding on the issue in question relating to Community Certificate. 8. As rightly contended by the learned counsel for the petitioner, a Full Bench of this Court in TNPSC Vs. Manikandan reported in 2011 (8) CTC Page 1 has categorically held that the appointment cannot be withheld after the selection on the ground that the Community Certificate has to be verified and the selected candidates shall be given appointment subject to the verification of the Community Certificate by the concerned Committee. 9. Following the aforesaid judgment, the Writ Petition is disposed of with a direction to the first respondent to issue appropriate appointment order to the petitioner pursuant to her selection made by the second respondent on condition that her appointment is subject to the final outcome of the verification of the Community Certificate by the State Level Scrutiny Committee.
9. Following the aforesaid judgment, the Writ Petition is disposed of with a direction to the first respondent to issue appropriate appointment order to the petitioner pursuant to her selection made by the second respondent on condition that her appointment is subject to the final outcome of the verification of the Community Certificate by the State Level Scrutiny Committee. The first respondent is directed to issue the appointment order to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs.