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Judgment
K.K. Sasidharan, J.—The petitioners have submitted applications for appointment to the post of Assistant, pursuant to the notification issued by the Tamil Nadu Public Service Commission. According to the petitioners, the Tamil Nadu Public Service Commission has not taken steps to fill up the remaining vacancies. The petitioners have come up with a further grievance that in case General Turn Ex-servicemen quota is operated to fill up the remaining vacancies, they would come within the zone of consideration.
The Tamil Nadu Public Service Commission submitted a Position Note dated 26 June, 2014 to the learned Standing Counsel for the Commission.
The material portion of the Note reads thus:
"5. With reference to averment contained in para V of the reply statement filed by the petitioner, it is submitted that after the end of 4th Phase of counselling conducted for Non-Oral Test posts, 12 vacancies remained unfilled in the category of GT-Ex-Servicemen. For the 5th Phase of counselling, 24 Ex-Servicemen candidates belonging to the categories of OTHERS, BC, BC-M, MBC/DC and SC were summoned for counselling for filling up the vacancies under GT-Ex-Servicemen category. Only 5 GT-Ex-Servicemen vacancies were filled during the 5th Phase of counselling. Sufficient Ex- Servicemen candidates are still available to be summoned for counselling under GT-Ex-Servicemen category.
With reference to averment contained in para VI of the reply statement filed by the petitioner, it is submitted that Reserve list for a recruitment is drawn after completion of the entire selection process. Regarding this recruitment, the selection process has not yet been finalized as one vacancy in the post of JCA under SC(A) W category in the Oral Test post and 91 vacancies in the Non-Oral Test post are still remaining unfilled."
The Tamil Nadu Public Service Commission has made it very clear that there are vacancies to be filled up in accordance with the merit position and communal reservation. In view of the fair stand taken by the Tamil Nadu Public Service Commission, the petitioners are entitled to succeed.
In the result, a Writ in the nature of a Writ of Mandamus is issued directing the Tamil Nadu Public Service Commission to consider the case of the petitioners for appointment to the post of Assistant or any other equivalent post in accordance with their eligibility. Such exercise shall be completed, within a period of four weeks from the date of receipt of a copy of this order.
The Writ Petitions are disposed of with the above direction. No costs.