ORDER 1. The second respondent / the Tamil Nadu Public Service Commission (in short "TNPSC") issued notification dated 29.07.2009 calling for applications from the candidates for appointment by direct recruitment to fill up 10 vacancies in the post of Professor (Homeopathy) in the department of Indian Medicine and Homeopathy in the Tamil Nadu Medical Service for the year 2007-2008. 2. Based on the notification, the petitioners made applications. The second respondent issued hall ticket dated 22.11.2009 to appear for written test. Accordingly, they appeared for the written test and they were successful. 3. Thereafter, the second respondent issued a call letter dated 29.06.2010 directing the petitioners to appear for interview on 14.07.2010. The petitioners participated in the said interview. 4. In the meantime, four serving candidates in the first respondent department as Lecturer/Tutor filed W.P.Nos.8714 to 8717 of 2010 seeking a direction to the respondents department to promote them to the post of Professor inconsonance with Adhoc Rules and Homeopathy (Minimum Standards of Education) Regulations before appointing anybody through direct recruitment. This Court granted interim injunction on 09.07.2010 in M.P.Nos.1, 1, 1 & 1 of 2010 in W.P.(MD).Nos.8714 to 8717 of 2010, restraining the respondents from publishing the result of the interview, that was to be held on 13.07.2010 and 14.07.2010 for direct recruitment to the post of Professor (Homeopathy). 5. Among the four writ petitioners in W.P.Nos.8714 to 8717 of 2010, two persons were given promotion in 10 vacancies by the Health and Family Welfare [IM-1(1)] Department in G.O.(2D).No.28, dated 24.02.2011. At the same time, the Health and Family Welfare Department issued a letter dated 24.02.2011 to the TNPSC requesting to select only 8 candidates, since the vacancies were reduced to 8 instead of 10. 6. It is stated that 13 posts of Professor (Homeopathy) were created and 5 posts were filled up, including the two persons by way of G.O.(2D).No.28, dated 24.02.2011, referred to above. 7. The two persons, who were promoted in G.O.No.28 referred to above, withdrew their writ petitions in W.P.Nos.8715 and 8717 of 2010 on 23.03.2011. Further, the petitioner in W.P.(MD).No.8714 of 2010 retired from service on reaching the age of superannuation on 31.01.2011. 8. In these circumstances, an order dated 07.06.2011 in M.P.(MD).Nos.1 and 1 of 2010 in W.P.(MD).Nos.8714 and 8716 of 2010 was passed to the effect that one post shall be kept vacant and the respondents could publish their results. 9. Further, the petitioner in W.P.(MD).No.8714 of 2010 retired from service on reaching the age of superannuation on 31.01.2011. 8. In these circumstances, an order dated 07.06.2011 in M.P.(MD).Nos.1 and 1 of 2010 in W.P.(MD).Nos.8714 and 8716 of 2010 was passed to the effect that one post shall be kept vacant and the respondents could publish their results. 9. In view of interim order permitting the second respondent to publish the result, the second respondent published the result on 27.07.2011. The petitioner in W.P.No.3019 of 2012 secured 244.50 marks and the petitioner in W.P.No.4204 of 2012 secured 205.50 marks in the written test and oral interview. 10. While so, W.P.(MD).No.8716 of 2010 was also dismissed as withdrawn on 12.03.2012, as he also retired from service in the meantime. 11. The petitioners made representation dated 01.08.2011 to the respondents 1 and 2 to issue them order of appointment as Professor (Homeopathy), since they are eligible to be appointed, if 10 posts are filled up. 12. Thereafter, the petitioners have filed the present writ petitions seeking a direction to the second respondent to consider them for appointment to the post of Professor (Homeopathy) in the Department of Indian Medicine and Homeopathy, Tamil Nadu Medical Service, on the basis of select list dated 27.07.2011, in the 9th and 10th posts respectively. 13. The respondents have filed their counter refuting the allegations and it is stated therein that in view of the direction of this Court in M.P.(MD).Nos.1,1,1 & 1 of 2010 in W.P(MD).Nos.8714 to 8717 of 2010, vacancies for direct recruitment got reduced to 8 from 10, which is beyond the control of the respondents. It is further averred that the Central Council of Homeopathy, New Delhi, Department of Ayush, Government of India, insisted the respondent department to fill up all the posts of teaching faculties immediately and warned that the recognition for Bachelor of Homeopathy Medicine and Surgery Course to the College would be withdrawn unless and until the requirement of staff was fulfilled before the commencement of the next academic year 2009-2010. Hence, the Government, in order to over come the said crisis, decided to give regular promotion to 5 lecturers in the 13 vacancies. 14. The crux of the counter affidavit filed by the second respondent/TNPSC is that they followed the direction issued by the Government. 15. Heard the learned counsel appearing on either side. 16. Hence, the Government, in order to over come the said crisis, decided to give regular promotion to 5 lecturers in the 13 vacancies. 14. The crux of the counter affidavit filed by the second respondent/TNPSC is that they followed the direction issued by the Government. 15. Heard the learned counsel appearing on either side. 16. Admittedly, the second respondent issued notification dated 29.07.2009 inviting applications from candidates for appointment by direct recruitment to fill up 10 vacancies in the post of Professor (Homeopathy) in the Department of Indian Medicine and Homeopathy in the Tamil Nadu Medical Service. Clause 3-A of the said notification, that is relevant for the purpose of the case on hand, is extracted hereunder: "3-A: The number of vacancies advertised is only approximate and is liable to modification with reference to vacancy position at any time before finalisation of selection of Oral Test." 17. From the above said Clause of the Notification, it is clear that the number of vacancies advertised could be modified with reference to the vacancy position, before finalisation of selection for oral test. 18. In this case, the crucial date is 29.06.2010, that is the date of call letters issued to the petitioners to appear for oral interview on 14.07.2010, which was sent by the TNPSC to fill up 10 posts. Therefore, as per Clause 3(A) of the notification, the second respondent cannot modify the vacancies after finalisation of list about the oral interview. 19. But, admittedly, in this case, the finalisation of selection for oral test was made and call letters were sent in the ratio of 1:3 as per the Rules, to fill up 10 posts. Hence, I am of the view that the second respondent cannot modify the vacancy position thereafter. 20. Even otherwise, I am of the view that there is no reason for reducing the vacancies and the two reasons given by the respondents 1 and 3 for reducing vacancies are - i. due to implementation of the order passed by this Court in M.P.(MD).Nos.1,1,1 & 1 of 2010 in W.P(MD).Nos.8714 to 8717 of 2010, dated 07.06.2011, the vacancies position for direct recruitment got reduced from 10 to 8. ii. ii. there was a crisis due to directive issued by the Central Council of Homeopathy, New Delhi, Department of Ayush, Government of India, to fill up vacancies immediately, otherwise, it is stated that, they face withdrawal of recognition for Bachelor of Homeopathy Medicine and Surgery Course. 21. I have perused the order passed by this Court in M.P.(MD).Nos.1,1,1 & 1 of 2010 in W.P(MD).Nos.8714 to 8717 of 2010, dated 09.07.2011. Relevant portion of the said order is extracted hereunder: "There shall be an order of injunction not to publish the result of the interview to be held on 13.07.2010 and 14.07.2010." 22. A mere perusal of the above said order clearly states that there was only an injunction not to publish the result of the interview, that was to be held on 13.07.2010 and 14.07.2010 for the post of Professor (Homeopathy). There was no direction to reduce the post and to promote the service candidates. Therefore, the first reason given by the respondents 1 and 3 in their counter affidavit that only in order to implement the order passed by this Court, they have reduced the number of posts from 10 to 8, is not acceptable to this Court. 23. The second reason also has no basis. Relevant portion of the letter dated 24.02.209, of the Principal Secretary to the Government, Health and Family Welfare Department, addressed to the Secretary, TNPSC, as well as the Principal Secretary and Director of Indian Medicine and Homeopathy, is extracted hereunder: "Ref: 1. G.O.(Ms.).No.1074, Health and Family Welfare Department, dated 18.06.1983. 2. G.O.(Ms.).No.317, Health and Family Welfare Department, dated 26.09.2008. 3. From the Principal Secretary and Director of Indian Medicine and Homeopathy D.O. Letter No.1410/E1/1/09, dated 03.02.2009. I am directed to state that in the Government Order second cited, the Government have created 10 posts of Professor among others, in the time scale of pay of Rs.10000-325-15200 to Government Homeopathy Medical College, Thirumangalam, Madurai District. The 10 posts are vacant now. The post of Professor (Homeopathy) is governed by the Adhoc Rules. Now the Central Council of Homeopathy, New Delhi is pressing hard to make available the staff as per norms and Government of India has warned that affiliation will not be granted unless and until the requirement of staff, is fulfilled before the commencement of the next academic year. The post of Professor (Homeopathy) is governed by the Adhoc Rules. Now the Central Council of Homeopathy, New Delhi is pressing hard to make available the staff as per norms and Government of India has warned that affiliation will not be granted unless and until the requirement of staff, is fulfilled before the commencement of the next academic year. As such, it is decided to fill up the above said 10 vacancies pertaining to the post of Professor (Homeopathy) by direct recruitment, as there are no hands available in the feeder category. 2. I am therefore to request you to move the Commission for filling up of the above posts by direct recruitment at the earliest." 24. From the above said letter, it is clear that the Central Council of Homeopathy nowhere issued direction to fill up 5 posts immediately. Even otherwise, they could do that by way of temporary promotion by invoking Rule 39 and thereby, they could have got over the crisis, if one exists. Therefore, I am not able to subscribe this second reason also. 25. As stated above, those two persons, out of four persons, in W.P(MD).Nos.8714 to 8717 of 2010, were given promotion in G.O.(2D).No.28, dated 24.02.2011 and subsequent to that, those two persons withdrew their writ petitions filed in W.P. (MD).Nos.8715 and 8717 of 2010 on 23.03.2011. Those two persons, who were promoted, also retired from service. As far as two other writ petitions i.e. W.P.Nos.8714 and 8716 of 2010, they are dismissed as withdrawn long back, since the writ petitioners have retired from service. 26. Learned counsel appearing for the second respondent / TNPSC submitted that since two posts were filled up by way of promotion, those two posts could be counted only for future vacancies that could be filled by way of issuing separate modification. I am in agreement with the submission made by the learned counsel for TNPSC, if the Government reduced the vacancies from 10 to 8 in a lawful manner as notified in Clause 3(A) of the notification of the TNPSC. The respondents 1 to 3 are bound by the notification dated 29.07.2009 issued by the TNPSC. Clause 3(A) of the said notification makes it clear that any modification relating to the vacancies position shall be decided before taking a final decision on the persons to be called for interview. The respondents 1 to 3 are bound by the notification dated 29.07.2009 issued by the TNPSC. Clause 3(A) of the said notification makes it clear that any modification relating to the vacancies position shall be decided before taking a final decision on the persons to be called for interview. In the case on hand, as stated above, at that time of calling for interview, the TNPSC has sent call letters to fill up 10 posts and the petitioners were also sent call letters to attend interview. Therefore, as per the notification, they cannot reduce the posts from 10 to 8, after sending call letters for interview. 27. For the aforesaid reasons, a direction is issued to the second respondent to consider the petitioners for appointment to the post of Professor (Homeopathy) in the Department of Indian Medicine and Homeopathy, Tamil Nadu Medical Service, on the basis of the select list dated 27.07.2011, if there is no other impediment. 28. With the aforesaid observations, the writ petitions are disposed of. No Costs.