D. Nandakumar v. State of Tamil Nadu Represented by its Secretary, School Education Department
2022-11-29
S.M.SUBRAMANIAM
body2022
DigiLaw.ai
ORDER : The non-selection of the writ petitioner for appointment to the post of Lab Assistant is under challenge in the present writ petition. 2. The petitioner participated in the process of selection for appointment to the post of Lab Assistant. The petitioner completed B.Sc., (Mathematics) in the year 2003 and M.Sc., (Mathematics) in the year 2014 and completed B.Ed., in the year 2007 and M.Ed., in the year 2012. 3. The grievance of the writ petitioner is that he is eligible to avail the priority quota allotted to ‘Landlosers Category’ and the said benefit was not extended. Thus the petitioner is constrained to move the present writ petition. 4. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 brought to the notice of this Court that priority categories were considered in the order fixed by the Government Guidelines issued in G.O.Ms.No.188, Personnel and Administrative Reforms Department, dated 28.12.1976. 5. The priority for employment through Employment Exchanges are classified as under:- “ANNEXURE PRIORITY FOR EMPLOYMENT THROUGH EMPLOYMENT EXCHANGES GROUP 1 : I) Disabled Ex-Servicemen (Disabled Ex-Servicemen mean Ex-Servicemen who while serving in the Armed Forces of the Union were disabled in operation against enemy or in disturbed areas) II) Upto two members of the family (widows/sons/daughters/next of kin) of the enrolled personnel of the Armed Forces who were killed or disabled in action and are totally unfit for re-employment leaving their families in indigent circumstances and upto two members of the family (widows/sons/ daughters/next of kin) of Border Security Force Personnel killed in action. GROUP II : I).
GROUP II : I). “Destitute Widows” (Destitute widow means one who has neither any means by herself to live on nor any dependent to protect her from starvation) (Authority G.O.Ms.No.229, Personnel and Administrative Reforms (Personnel-R) Department, dated 07.04.1988) II) “Intercaste Married Couple” (Where one of the Spouses belongs to SC/ST) (Authority G.O.Ms.No.393, Personnel and Administrative Reforms (Personnel-R) Department, dated 24.09.1986) III) Ex-Servicemen and Wives, sons and unmarried daughters of serving military personnel (Ex-Servicemen means a person, who after having served for any period of time in the Defence Service (Indian Army, Indian Air Force, Indian Navy, the Auxiliary Forces of India and the Boys Companies) has been discharged (except that one who has been dismissed by a Competent Authority or one who has been discharged on account of misconduct or inefficiency before completing six months service shall not be treated as ex-servicemen) IV) Indian Nationals retiring from Burma/Sri Lanka and East African Countries of Kenya, Uganda and Tanzania due to repatriation. V) Members of family including members of Scheduled Castes/Scheduled Tribes, whose lands have been acquired for Government purposes as well as for the project of the Public Sector Undertakings subject to the condition that preference should be given to those who are dependent for their livelihoods primarily or wholly on the lands acquired and from among them to members of the Scheduled Castes and Scheduled Tribes who may be eligible for employment. GROUP III : I) Discharged Government employees (State) as defined in the Government of Madras letter Ms.No.1100 Public (Services) Department, dated 24.10.1951. II) The Physically Handicapped persons viz., the blind, the deaf, Orthopaedically Handicapped persons, mentally retarded, leprosy cured and burnt out cases etc., provided the handicap is not such as would render the candidate unfit for efficiently discharging the duties attached to the post. III) Retrenched employees of the Census Organisation with not less than six months services. IV) The Hindi Pandits and other language Pandits who have been ousted on account of the introduction of two Language Formula. GROUP IV : I) Person who have served in the Territorial Army or in the Lok Sahayak Sena for more than six months and on their discharge revert to part time employment in the Territorial Army or in the Lok Sahayak Sena the case may be.
GROUP IV : I) Person who have served in the Territorial Army or in the Lok Sahayak Sena for more than six months and on their discharge revert to part time employment in the Territorial Army or in the Lok Sahayak Sena the case may be. II) Territorial Army Personnel and Ex-Servicemen of the Auxiliary Air Force who were embodied in the present emergency and have been disembodied after a continuous engagement of over six months. III) Persons who have worked as Youth Services Corps Volunteers for a minimum period of one year.” 6. Priority is a concession granted by the Government and therefore, it is to be granted strictly in accordance with the terms and conditions stipulated. 7. In the present case, the priority was granted to the candidates as per the Government Guidelines and the petitioner had not reached the zone of consideration for availing the priority granted to the ‘Landlosers Category’. Since the petitioner was not within the zone of consideration, now at this length of time, the relief as such sought for in the present writ petition deserves no merit consideration. 8. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also dismissed.