2025:MHC:2327 W.A.No.2552 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 08.09.2025

Pronounced on : 08.10.2025

CORAM:

THE HON'BLE MR. JUSTICE R.SURESH KUMAR

AND

THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

W.A.No.2552 of 2025

and C.M.P.Nos.20295 and 22021 of 2025

1. The Director General of Police / Chairman

Tamil Nadu Uniformed Services Recruitment Board,

Old Commissioner of Police Complex,

Pantheon Road,

Egmore, Chennai - 600 008

2. The Member Secretary

Tamil Nadu Uniformed Services Recruitment Board,

Old Commissioner of Police Complex,

Pantheon Road,

Egmore, Chennai - 600 008. ... Appellants

Vs.

1. S.Mohamed Aslam

S/o. Sheat Mohamed

2. C.Sampath

S/o. Chakkaravarthi

3. V.Maragathavalli

D/o. Veerasamy ... Respondents

Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the

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order dated 22.04.2025 made in W.P.No.32347 of 2024.

C.M.P.No.22021 of 2025

The State of Tamil Nadu

Rep. by its Secretary to Government

Human Resources Management Department,

Fort St. George, Chennai - 600 009. ..... Petitioner / Proposed

4th Respondent

Vs.

1. The Director General of Police / Chairman

Tamil Nadu Uniformed Services Recruitment Board,

Old Commissioner of Police Complex,

Pantheon Road,

Egmore, Chennai - 600 008

2. The Member Secretary

Tamil Nadu Uniformed Services Recruitment Board,

Old Commissioner of Police Complex,

Pantheon Road,

Egmore, Chennai - 600 008.

3. S.Mohamed Aslam

S/o. Sheat Mohamed

4. C.Sampath

S/o. Chakkaravarthi

5. V.Maragathavalli

D/o. Veerasamy .... Respondents

For Appellants / Petitioner : Mr.P.Kumaresan, AAG

assisted by Mr.J.Lenin

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W.A.No.2552 of 2025

in W.A.No.2552 of 2025

Mr.R.Neelakandan, AAG

assisted by

Mr.S.Yashwanth, AGP for

impleading petitioner in

C.M.P.No.22021 of 2025

For Respondents : Mr.S.Prabhakaran, Senior Counsel

for Mr.M.A.Gowthaman for R1

For Assisting the Court : Mr.R.Singaravelan, Senior Counsel

for Mr.R.Jayaprakash

Mr.K.Venkataramani,

Senior Counsel

for Mr.M.Muthappan

Mr.L.Chandrakumar

JUDGMENT

R.SURESH KUMAR, J.

This Intra Court Appeal has been directed against the order passed by

the writ court dated 22.04.2025 made in W.P.No.32347 of 2024.

2. The order impugned infact is a common order, where a batch of

writ petitions similar to that of W.P.No.32347 of 2024 were disposed of.

However the appellants have chosen to file this single writ appeal against the

very first writ petition, i.e., W.P.No.32347 of 2024.

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3. The factual background of this writ appeal are stated as follows :

(i) that the second appellant, Tamil Nadu Uniformed Services

Recruitment Board, in short, TNUSRB has issued a notification in

Notification No.01/2023 dated 05.05.2023 inviting applications from the

eligible candidates for selection and direct recruitment to the post of Sub-

Inspectors of Police-2023 for Taluk, Armed Reserve and Tamil Nadu

Special Police (Men, Women and Transgenders).

(ii) As per the notification, the vacancies are distributed as

follows :

Sub-Inspectors of Police (Taluk) - Total number of vacancy is 364 + 2

Backlog vacancies.

Sub-Inspectors of Police (AR) - Total number of vacancy is 141 + 4

Backlog vacancies.

Sub-Inspectors of Police (TSP) - Total number of vacancy is 110.

Therefore altogether, the total vacancies for the post of Sub-Inspectors

of Police under three categories would be 615 + 6 Backlog vacancies.

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(iii) In the same month, i.e., on 23.05.2023, the second respondent

TNUSRB has come out with an Addendum to Notification No.01/2023,

whereby it called for applications for the direct recruitment to the post of

Station Officers in Fire & Rescue Services Department (Men and Women)-

2023. The vacancy notified in this addendum notification is 128 + 1 Backlog

vacancy.

(iv) It is to be noted that by virtue of original Notification No.01/2023

dated 05.05.2023 and Addendum Notification, dated 23.05.2023, the second

appellant TNUSRB wanted to conduct a combined selection process for the

post of Sub-Inspectors of Police in three categories as well as Station

Officers in Fire & Rescue Services Department for the total vacancy of 750

including the Backlog vacancies.

(v) The TNUSRB conducted the selection process and finalised the

selection list which in fact was questioned in a batch of writ petitions in

W.P.Nos.11855 of 2024 etc., batch on various grounds.

(vi) During the hearing of the said batch of writ petitions before the

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writ court, it was a stand taken by the appellants herein who were the

respondents in the said writ petitions that, some mistake had occurred in the

selection process, therefore they have undertaken to re-do the exercise that is

from the stage of shortlisting the candidates for physical measurement test,

endurance test, physical efficiency test followed by viva-voce.

(vii) Recording the said stand taken by the TNUSRB, the learned writ

court vide its order dated 21.06.2024 has allowed all those writ petitions by

passing the following orders :

"2. When the matter is taken up for hearing today, a

report is filed by the first respondent, in which, in

paragraph No.5, they have recognized the mistake and

have undertaken to redo the exercise from the stage as of

26.09.2023 itself i.e., from the stage of short-listing the

candidates for physical measurement test, endurance test,

physical efficiency test followed by viva-voice.

Therefore, the respondents are going to redo the whole

exercise after the stage of the written test. The said

paragraph No.5 is extracted hereunder :-

" 5. It is submitted that the orders of the

Hon'ble High Court in para 4 of the order

will be complied with. The Board has

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decided to redo the Joint Recruitment 2023

from the stage of 26.09.2023 itself which

includes Physical Measurement Test,

Endurance Test and Physical Efficiency

Test followed by Viva voce for those

candidates who stands eligible as per the

Supreme Court order in the case of State of

Tamil Nadu Vs K.Shobana reported in 2021

(4) SCC 686. In this new process and the

revised selection will commence from the

month of July and will be completed within

three months."

3. It is also clarified by the learned Additional Advocate

General for the second respondent that they will redo the

exercise of short-listing the candidates for physical

measurement test, endurance test, physical efficiency

test, viva-voice etc. In the said list, if any of the new

candidates are called, they will alone be called for

physical measurement tests, endurance tests, physical

efficiency tests etc., and in respect of the candidates who

have already undergone the tests, the said tests will not

be undertaken. However, their measurements and marks

will be taken as such and a new list will be prepared in

accordance with law. He also submits that due care will

be undertaken to meticulously follow the directions of

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the Hon'ble Supreme Court of India in the cases of

Saurav Yadav and Ors. Vs. State of Uttar Pradesh and

Ors., (2021) 4 SCC 542 and State of Tamil Nadu Vs.

K.Shobana, (2021) 4 SCC 686 and the revised select list

will be published in accordance with law. It is also

represented on behalf of the respondents that the entire

exercise will be conducted within three months from the

date of receipt of a copy of this order.

4. In view thereof, the grievances of all the writ

petitioners, in all these Writ Petitions, shall stand

redressed. It goes without saying that if, on the

publication of the revised list or even short-listing of the

list or even in the physical endurance test, any other

person has any other grievance, the same can be agitated

afresh.

5. Recording the above, all these Writ Petitions stand

disposed of. There shall be no order as to costs.

Consequently, connected miscellaneous petitions are

closed. "

(viii) Therefore as per the undertaken given by the TNUSRB, the

entire exercises have to be redone, accordingly, after redoing the exercise

once again the selection list was issued sometime in October-2024.

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However, this time also, a batch of writ petitions had been filed in

W.P.No.32347 of 2024 etc., batch challenging the infirmity of the said

selection list made by the TNUSRB and the said batch of cases were heard

together and were disposed of by the common order passed by the writ court

dated 22.04.2025 which is infact impugned in this instant appeal.

(ix) In the impugned order, the learned writ court Judge having

analysed all the aspects of the issue which were raised before him has

ultimately concluded with the following orders :

"Conclusion:

83. The discussion above leads to the

following conclusions:

(1) the Revised Provisional Selection List

published on 03.10.2024 is set aside;

(2) The respondents will have to rework the

entire selection process following the Judgment of

the Hon'ble Supreme Court in (2021) 4 SCC 686

[State of Tamil Nadu and Others Vs. K.Shobana

and Others] and strictly follow the three steps laid

therein, namely,

(i) Step 1: To first fill the 31% merit list on

the basis of total marks obtained irrespective of

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caste, community or religion;

(ii) Step 2: Fill the back log vacancies with

the merit list for the particular community first;

(iii) Step 3: apply the reservation for other

communities

(3) Care must be taken that meritorious

reserved candidates are fitted in the General Turn

and thereby provide opportunity for the reserved

candidates in the reserved list.

(4) Certificates introduced midway through

the selection process or after the earlier order

passed by this Court should be rejected and the

candidate should be categorised in accordance with

the details given by them in the application form

and no other fresh certificate should be taken into

consideration.

(5) Care should also be taken that PSTM

reservation is applied only once while applying for

a public post and not for a second time. If any of

the departmental candidates had already been

selected under the PSTM reservation, they cannot

be considered under PSTM reservation under this

notification.

84. This Court appoints Hon'ble Mr. Justice

N. Paul Vasanthakumar, Former Chief Justice of

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Jammu and Kashmir High Court to Monitor the

selection and to supervise the fitment of candidates

on the basis of the materials already available in

the written examination and the marks in the

physical endureance test and the marks in the viva-

voce.

85. The respondents are directed to nominate

a Nodal Officer in the cadre of Superintendent of

Police, to assist the Hon'ble Judge appointed by

this Court. The respondents are further directed to

provide access to all records relating to the

recruitment process to the Hon'ble Judge now

appointed by this Court and also provide necessary

and adequate secretarial staff as required and an

office base to complete the process of fitment of

the candidates from the stage after physical

measurement test, endurance test, physical

efficiency test and viva~voce had been done

consequent to the order dated 21.06.2024 in

W.P.No. 11855 of 2024 batch.

86. The Hon'ble Judge is at liberty to

include any other staff/official to assist him in the

discharge of this onerous task.

87. The Revised Selection List shall be

presented before the Director General of Police/

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Chairman, Tamil Nadu Uniformed Services

Recruitment Board, Chennai, who shall publish the

same.

88. The respondents are directed to pay an

initial remuneration of Rs.5,00,000/~ (Rupees Five

Lakhs only) to Hon'ble Mr.Justice N.Paul

Vasanthakumar and also pay any further

remuneration as determined by the Hon'ble Judge.

The respondents are also directed to bear the

transport and other incidental expenses of the

Hon'ble Judge and of all the members of his team.

89. The entire exercise by the Hon'ble Judge

shall be completed within a period of three months

from the date of receipt of a copy of this order.

90. In view of the aforementioned orders,

the petitions seeking to implead are allowed.

Registry is directed to carry out necessary

amendment in the cause title before issuing the

order copy.

91. The Writ Petitions stand allowed. The

Revised Provisional Selection List dated

08.10.2024 and the consequential proceedings are

set aside. Consequently, connected Miscellaneous

Petitions stand closed. No order as to costs."

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(x) Therefore after having set aside the provisional selection list

published in this regard by the TNUSRB dated 03.10.2024, the writ court

had given directions to rework the entire selection process following the

Judgment of the Hon'ble Supreme Court in State of Tamil Nadu and others

v. K.Shobana and others reported in (2021) 4 SCC 686.

(xi) The learned writ court in the impugned order had in fact

appointed Hon'ble Mr.Justice N.Paul Vasanthakumar, Former Chief Justice

of Jammu & Kashmir High Court to monitor the selection and to supervise

the fitment of the candidates based on the materials already available in the

written examination and the marks in the physical measurement test,

endurance test, physical efficiency test and the viva-voce.

(xii) Pursuant to the said directives issued by the learned writ court, in

the impugned order, the TNUSRB, the present appellant, having accepted

the Judgment in fact acted upon by rendering all assistance to the Hon'ble

Former Chief Justice being the supervisory Commission to complete the task

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of selection process including the fitment as logistics and secretarial

assistance and other needy assistance of the Commission Judge had been

rendered.

(xiii) The learned Commission Judge having completed the task with

the help of two more officers and other set of staff has given a detailed

report consisting of 470 pages.

(xiv) After completing the entire process by the Commission, the

report since has been handed over by the Commission to the TNUSRB,

however, the TNUSRB, having known to the selection process completed by

the Commission, had raised some doubts, especially in two contexts. In the

first context, the doubts arisen in the minds of the TNUSRB was that the

selection process undertaken by the Commission since was on the basis of

the method indicated in K.Shobana's case cited supra, but at the end, the

resultant position would be in some of the communal categories for want of

candidates other community categories have been fit in, thereby the roaster

whether had been followed promptly and correctly was an issue.

(xv) The second issue raised by the appellants herein is that insofar as

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the horizontal reservation given to Persons Studied in Tamil Medium, in

short PSTM candidates are concerned, the Commission adopted the method

that, since the recruitment is by way of direct recruitment to the post of Sub-

Inspector of Police as well as the Station Officer in Fire Department, the

candidates who sought for such selection under the PSTM quota would be

considered, provided if they have claimed such quota first time. In other

words, a candidate who had already been selected and has been working in

any Government job or in any Governmental organisation under the PSTM

quota, second time such a quota cannot be extended to such candidates as it

would defeat the very import of the Act namely Tamil Nadu Appointment

on preferential basis in the Services under the State of Persons Studied in

Tamil Medium Act 2010 as amended in 2020, in short, the PSTM Act.

Therefore on that ground also, it is the contention of the appellants that, the

selection made by the Commission might be an erroneous one and therefore

in order to set aside the said selection and permit the TNUSRB to go ahead

with selection once again afresh, the appellants have moved the present Writ

Appeal.

4. Even at the admission stage, notices have been taken by the learned

respective counsels appearing for the private respondents and therefore

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arguments were advanced by the learned Additional Advocate General

Mr.P.Kumaresan on behalf of the appellants and Mr.S.Prabhakaran, learned

Senior counsel appearing for R1 and Mr.R.Singaravelan, learned Senior

counsel for Mr.R.Jayaprakash, Mr.K.Venkataramani, learned Senior counsel

for Mr.M.Muthappan and Mr.L.Chandrakumar for other respondents.

5. As the impugned order is a common order in a batch of writ

petitions filed by various individual candidates and before the writ court

those writ petitions were conducted by various Senior counsels and counsel

and presently as against only the first writ petition in W.P.No.32347 of 2024

alone, the present Intra Court Appeal has been directed, majority of those

counsels who appeared before the writ court on behalf of the writ petitioners

since had appeared before this Court and they wanted to make their

submissions, their submissions also were heard as combined submissions on

behalf of the various candidates including the private respondents herein.

6. That apart, an impleading petition also has been filed in

C.M.P.No.22021 of 2025 filed by the State of Tamil Nadu represented by its

Secretary to Government, Human Resources Management Department, Fort

St. George, Chennai – 9, as the said authority wanted to get impleaded in the

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writ appeal as one of the party respondent to put forth their stand that the

intention of the Department, i.e., impleading party is not to restrict the

PSTM Reservation only once and wherever PSTM candidates participate in

any selection process, even though they have already availed such benefit,

even second time or third time also such kind of benefit under PSTM quota

can be extended to those candidates. Therefore in order to reiterate the said

stand of the Department, that impleading petition also since was filed,

Mr.R.Neelakandan, learned Additional Advocate General who appeared for

the impleading party also was heard and he also made submissions in the

line of submissions made by Mr.P.Kumaresan, learned Additional Advocate

General appearing on behalf of the appellants.

7. All these arguments put forth by the learned counsel appearing for

the parties having been heard and after having perusal of the materials

placed before this Court, we have called for the report submitted by the

Commission before the learned single Judge and accordingly the

Commission's Report also was made available before this Court and the

same has also been gone through and taken into account.

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8. At least two times, the selection list has been set aside by this

Court. In the first time, on 21.06.2024, the TNUSRB itself had come

forward to admit that some mistakes have been committed in the selection

process and therefore they wanted to re-do the exercise. Recording the same,

such a direction was given in the said order of the writ court dated

21.06.2024.

9. Pursuant to the said order when the TNUSRB made the selection

list, that was under challenge in the batch of writ petition including

W.P.No.32347 of 2024. In the said batch of writ petitions, the learned writ

court in its detailed order has concluded that the selection process has not

been conducted as per the procedure mandated by the Hon'ble Supreme

Court in Shobana's case cited supra.

10. In this context, it is to be noted that, apart from the PSTM Act,

insofar as the selection to the post of Sub-Inspectors of Police is concerned,

already the Government has issued a Government Order in G.O.(Ms).No.10,

Home (Police-III) Department, dated 04.01.2012.

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11. If we look at the import of G.O.(Ms).No.10, among other things,

the Government in the said G.O has stated that after careful examination of

the proposal of the Chairman, TNUSRB, had decided to accept such

proposal. Therefore the Government directed that the preference of the

candidates in the recruitment of Sub-Inspectors of Police shall not be sought

for among the three categories, namely Taluk, AR and TSP and the

provisionally selected candidate in the post of Sub-Inspector of Police be

allotted among the three categories depending upon the marks as provided

therein.

12. In order to have a ready reference of the import of

G.O.(Ms).No.10, the relevant portion of the G.O.(Ms).No.10 is extracted

hereunder :

"4. The Government after careful examination of

the proposal of the Director General of Police and

Chairman, Tamil Nadu Uniformed Services

Recruitment Board, Chennai have decided to

accept it. Accordingly, the Government direct that

the preference of the candidates in the recruitment

of Sub-Inspectors of Police shall not be sought for

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among the three categories, viz., Taluk / Armed

Reserve / Tamil Nadu Special Police and the

provisionally selected candidates in the post of

Sub-Inspectors of Police be allotted among the

three categories depending upon their marks as

detailed below :

(i) The highest ranking candidates shall be allotted

to Category-I (Taluk Police) subject to rules of

reservation for the notified number of vacancies in

this category.

(ii) Next level of ranking candidates shall be

allotted to Category-II (Armed Reserve), subject to

rules of reservation for the notified number of

vacancies in this category and

(iii) Remaining candidates in the lowest level of

ranking shall be allotted to Category-III (Tamil

Nadu Special Police), subject to rules of

reservation for the notified number of vacancies in

this category.

6. The Director General of Police is requested to

send necessary amendment proposals to Home

(Police.VI) Department and Home (Police.IX)

Department to make necessary amendments in the

Special rules for Tamil Nadu Police Subordinate

Services and Special rules for Tamil Nadu Special

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Police Subordinate Service Rules."

13. Therefore the method to be adopted in making the selection for the

post of Sub-Inspectors of Police in three categories, i.e., Taluk, AR and TSP,

the top meritorious candidates would be selected and fitted in Taluk SI

category and the next meritorious candidates would go for AR category and

only the remaining people would be fit in under the TSP.

14. This method of recruitment since has been envisaged by the

Government through G.O.(Ms).No.10, Home (Police-III) Department, dated

04.01.2012 and the present recruitment is a combined recruitment for all the

three categories of Sub-Inspectors of Police, the selection authority had no

other option except to strictly follow G.O.(Ms).No.10, Home (Police-III)

Department, dated 04.01.2012.

15. Insofar as the reservation for the communal categories made

available in this State is concerned, it is a 69% reservation being distributed

among various communal categories and such reservation can be considered

to be a vertical reservation. The remaining 31% of situations would be made

available for open competition, for which irrespective of community any one

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can compete. In such case, only based on merits alone, selection shall be

made.

16. Only in this context, the Judgment of the Hon'ble Apex Court in

Shobana's case cited supra would come into play. If we look at the Judgment

of the Hon'ble Supreme Court in Shobana's case cited supra, there has been

three steps envisaged therein, under which, first the general merit list to be

filled in, thereafter the backlog vacancies on the particular reserved category

to be filled in and the remaining reserved vacancies for the current year to be

filled thereafter. The said Judgment in K.Shobana's case is a Judgment

following the earlier decision of the Hon'ble Supreme Court in Saurav

Yadhav and others v. State of Uttar Pradesh and others reported in (2021) 4

SCC 542.

17. Only in this context, while disposing the batch of writ petitions

through the impugned order, the writ court in paragraph No.83 has

categorically held and directed that, the respondents will have to re-work the

entire selection process, following the Judgment of the Hon'ble Supreme

Court in K.Shobana's case and strictly follow the three steps laid therein, i.e.,

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step 1, step 2 and step 3.

18. In the impugned Judgment at paragraph No.83.5, the learned writ

court also has directed that care should also be taken that, PSTM reservation

is applied only once while applying for a public post and not for a second

time. If any of the departmental candidates had already been selected under

the PSTM reservation, they cannot be considered under PSTM reservation

under this notification.

19. Therefore the two issues that has been raised by the appellants

herein has been clarified and a clear cut direction in fact had been given by

the learned writ court in the order impugned.

20. Taking into consideration, the learned Commission, who

completed the task of the selection process, in its voluminous report, has

dealt with each of the issue as to how the selection process was undertaken

and concluded. In the report, the Commission from Page No.368 onwards

under the Heading Part-II has given the details as to how the selection of 594

direct recruitment candidates and 148 department Police and Fire Rescue

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Service candidates in pursuance of Notification No.01/23 and addendum to

Notification of TNUSRB was made and allotment of category as per

G.O.(Ms).No.10, dated 04.01.2012 has been made.

21. In order to have an easy reference, the relevant portion of the

Report of the Commission under the Heading Part-II is extracted hereunder.

PART – II

41.Selection of 594 Direct recruitment

candidates and 148 Department Police & Fire

and Rescue Services candidates in pursuance of

Notification 1 of 2023 and Addendum to

Notification of TNUSRB and Allotment of

Department as per G.O.Ms.No.10, dated

04.01.2012.

The method of selection adopted is: Unified

Reservation Across 594 Direct recruitment

vacancies.

All 594 vacancies (S.I Taluk, 291, + S.I. AR 113,

+ S.I.TSP 88, + 102 S.O) are clubbed together for

the selection.

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69% Communal reservation + horizontal

reservation (Women, PSTM, Sports and Wards)

were applied across total vacancies.

After selection, candidates are allotted to Taluk,

AR, and TSP based on rank, community, and

availability of the selected candidates.

Among the 594 selected candidates 102 candidates

are allotted to Station officers Fire and Rescue

services Department on the basis of marks and

option offered by the candidates as stated in the

instructions to candidates.

G.O.Ms.No.10 Home (Police-III) Dept, dated

04.01.2012 is the guideline for allotment of

selected candidates in three categories on merit-

based allocation after selection and also rule of

reservation. Meritorious candidates are chosen in

categories I, II and III. in Taluk, AR and TSP

respectively.

By following the above method, 291 candidates

are allotted to S.I.Taluk Police. (G.T. 90 + B.C.

77+ BCM 10 + MBC/DNC 58 + S.C. 44 S.C.A 9+

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S.T. 3=291)

For S.I. AR. 113 vacancies, candidates are allotted

as G.T. 35 + B.C.30 + BCM 4+MBC/DNC 23 +

S.C. 17+ S.C.A.3+ S.T. 1 = 113.

The balance number of candidates available within

594 selection list are, 88 candidates. They are to be

allotted in TSP category. There is no reservation

for women in TSP as per notification. By

following communal reservation for 88 candidates

27 vacancies ought to be on G.T., 23 are to be

allocated to B.C. 3 for BCM,18 for S.C, 13 for

SCA 3 and for ST:1

In the available 88 selected candidates 27, high

ranking candidates are allotted to GT, in BC for 23

vacancies only 21 B.C candidates are available.

For 3 BCM vacancies 3 BCM candidates are

available. They are accommodated under BCM.

For 18 MBC/DNC candidates only 16 candidates

are available. For 13 SC vacancies 18 candidates

are available i.e. in excess of 5 candidates. For

SCA 3 vacancies 3 candidates are available. They

are accommodated. For ST one vacancy and no ST

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candidate is available.

The shortage of candidates are 2 BC, 2

MBC/DNC, and 1 S.T. vacancy. These vacancies

are adjusted with 5 excess candidates in the

selection list belongs to S.C.

Likewise, in the Police Departmental vacancies

allotments are made based on the merit and

community.

Total vacancies under police departmental quota is

123.(S.I. Taluk 73 +S.I. AR 28 + S.I.TSP 22). The

said vacancies are clubbed together for selection.

The selected candidates allotted to S.I. of Police

Taluk are (G.T.22 + B.C.19 + BCM 3+MBC/DNC

15 +S.C 11 +S.C.A 2 +S.T.1)

For S.I AR 28 vacancies are (G.T.9+B.C. 7 +BCM

1 + MBC / DNC 6 +S.C 4+SCA 1)

In the remaining available 22 selected candidates,

7 high ranking candidates are allotted to G.T, in

B.C. for 6 vacancies only 2 candidates are

available, for 1 BCM candidate no candidate is

available. For 4 MBC/DNC vacancies 8 candidates

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are available. Thus 4 candidates are in excess. For

3 S.C. vacancies and 4 candidates are available, 1

candidate is in excess. For one SCA vacancy one

SCA candidate is available and he is

accommodated.

The shortage of 4 B.C candidates and shortage and

of BCM candidate, that are adjusted with 4 excess

candidates belong to M.B.C/DNC and 1 excess

candidate belongs to S.C who are in the selection

list.

If this methodology of unified system of selection

process is not followed, the allotment of 594

selected Direct recruitment and 123 selected

Departmental candidates are not possible, which

may lead in not following the merit and communal

reservation.

Further G.O.Ms.No.10 Home dated 04.01.2012

clearly states that, the provisionally selected

candidates are to be allotted to three categories

depending upon marks viz highest-ranking

candidates within the community being allotted to

category I and II and the remaining candidates

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with lowest level of ranking shall be allotted to

category III i.e. T.S.P.

It is noticed that the G.O.M.S. 10 dated 04.01.2012

has two limbs (i) Remaining candidates in the

lowest level to be allotted to Category III (ii)

Subject to Rule of reservation. The second part

could not be complied with.

Justification for Non-Compliance of Second part

of G.O.:

The G.O.Ms.No.10, dated 04.01.2012, contains

two parts for allotment of candidates in

departments:

First part: Candidates with higher merit within the

community are to be allotted to Categories I and II

respectively.

Second part: The remaining candidates with lower

marks shall be allotted to Category III, i.e. T.S.P.

subject to rule of reservation.

While the first part was strictly adhered to-i.e., top-

ranking candidates within each community were

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allotted to Taluk and AR-the second part, which

requires rule of reservation to be followed in

Category III (TSP), could not be strictly complied

with, due to the following practical constraints:

The recruitment was conducted through a unified

selection process, not on a "one Department - one

selection basis. Therefore, the reservation was

meticulously applied at the time of selection across

the total number of vacancies (594 + 123).

At the allotment stage, candidates had to be fitted

into available posts within three categories. As a

result of earlier communal reservation compliance

during selection, and based on rank and

community availability, it became inevitable that

communal reservation could not be strictly ensured

again in Category III (TSP).

For instance, in TSP, despite 88 candidates being

available, there was a shortage of candidates in

some categories (e.g., BC and MBC/DNC), while

excess candidates are available in SC. These were

adjusted by internal redistribution to avoid

violating overall merit and reservation principles

already followed during selection.

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In compliance of first part after allotting the

selected candidates on the basis of Mark and

community to Taluk and AR, then remaining

candidates in the lowest level are allotted to the

Category III, however unable to fully comply the

Rule of reservation. This has happened because,

the communal reservation was strictly adhered in

selection process, then allotting candidates

category wise, it is not permissible to comply with

the communal reservation in category III. This is

due to the nature of the recruitment process, which

is not based on a "one Department-one selection"

model, but rather a unified selection for multiple

categories, across two departments.

Thus, the objective and spirit of the G.O. have

been duly followed, even if technical deviations

arose in the allotment stage in Category III due to

practical constraints.

Likewise, in the postings of Station Officers in the

Fire and Rescue Services Department (Direct

Recruitment), for want of one BC woman

candidate and one MBC/DNC woman candidate,

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women candidates belonging to S.C.(A) and S.T.

categories were adjusted in those slots. Similarly,

in the S.I. of Police (AR) Direct Recruitment, for

want of one MBC/DNC woman candidate, a

woman candidate belonging to the S.C. category

was accommodated. In the postings of S.I. of

Police AR (Departmental) candidates, for want of

two women B.C candidates, the vacancies were

filled with two women candidates belonging to the

MBC/DNC and S.C. categories, respectively.

These discrepancies are inevitable when

attempting to apply communal reservation within

communal reservation during the allotment stage.

Once the communal reservation has been properly

applied during the selection process, any further

subdivision or redistribution based on community

and gender within a limited set of selected

candidates can result in mismatch or shortage. This

happens especially when ranking, merit, and

community-wise distribution do not perfectly align

with post-specific requirements such as

departmental category, gender-specific vacancies,

or exclusive male-only postings like TSP. As such,

minor internal adjustments are carried out in order

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to preserve merit and avoid violation of broader

reservation principles already ensured in the

unified selection phase.

If any other method is followed to allot candidates

in three different categories, it would disturb the

selection list finalised based on following the

communal reservation and meritorious candidates

selected will fail to get allotment and it would be

injustice to the meritorious candidates whose

names are already found in the selection list."

22. Along with the voluminous report submitted by the Commission,

it has also filed a compliance report, where the learned Commission has

stated that (i) the selection process was to be made for Sub Inspectors of

Police Direct Recruitment 492 vacancies + 6 Backlog vacancies; (ii) Station

Officers, Fire and Rescue Services Department, Direct Recruitment 102

vacancies + 1 Backlog vacancy; (iii) Departmental quota 123 post in Police

Department and (iv) Departmental quota 26 posts in Fire and Rescue

Services Department, totally 750 vacancies.

23. It has further been stated that, the selection was carried out by

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applying the principles laid down by the Hon'ble Supreme Court in the

decisions made in Saurav Yadav v. State of U.P. reported in (2021) 4 SCC

542 as well as the Judgment reported in (2021) 4 SCC 686, i.e., State of

Tamil Nadu and others v. K.Shobana and others, by duly implementing

communal reservation as vertical reservation and Women, PSTM, Sports

and Wards quotas as horizontal reservation.

24. The report has given complete justification and explanation as to

how the selection has been carried out strictly on the basis of the Judgment

in Shobana's case by applying 69% vertical communal reservation as well as

horizontal reservation under various quotas and also by following

G.O.(Ms).No.10, dated 04.01.2012.

25. In G.O.(Ms).No.10, it has been made very clear as stated supra

that the highest ranking candidates shall be allotted to Category 1, i.e., Taluk

Police, the next level of candidates shall be allotted to category 2, i.e., AR

and only the remaining candidates in the lowest level of merit shall be

allotted to category 3, i.e., TSP, subject to rules of reservation for the

notified number of vacancies in each of the category.

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26. Therefore while doing the exercise of selection process, the

Commission having taken note of all these parameters, i.e., Judgment of the

Hon'ble Supreme Court, 69% vertical communal reservation as well as the

method of selection to be adopted as contemplated under G.O.(Ms).No.10,

has completed the task of selection process.

27 Accordingly, 69% of communal reservation has been strictly

followed, i.e., the total vacancies have been distributed among various

communal categories like BC, BCM, MBC/DNC, SC, SCA and ST.

28. First the ranking has been put in based on the interse meritorious

ranking, the top meritorious candidates have been selected for the 31% Open

Competition. After having completed the 31% OC vacancies, in each of the

communal category, the candidates were selected, thereby strictly as per

69% communal reservation, selection has been made and after having

completed the task, then only the distribution among the three categories

would be made possible. Accordingly by applying the method that has been

envisaged under G.O.(Ms).No.10, the top ranking candidates have been

allotted to Taluk Police, the next ranking candidates have been allotted to

AR and only the remaining in the lowest level of ranking were allotted to

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TSP.

29. Only in this context, now the point has been raised or the grounds

have been urged by the appellants stating that, under the Open quota, for the

post of Sub-Inspectors in three categories as well as the Station Officers in

Fire and Rescue Department, totally 594 vacancies, for all the 594 selection

has been made. Like that in the Departmental quota the total vacancies in

both the post, i.e., Sub Inspector of Police and Station Officer is 148 and for

all the 148 posts selection have been made.

30. While making that selection, the Commission has exercised the

selection method as indicated above. Accordingly, the first meritorious

candidates have been distributed to the Taluk Police and next were given to

AR and last meritorious candidates were given to TSP. Separately that kind

of selection was made to the Station Officers also.

31. While making such selection in each of the communal category,

for each of the three categories, insofar as the Backward Class is concerned,

for the category of TSP, required was 23 but allotted only 21. Like that, in

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Station Officer, required was 27, allotted was 26, therefore totally out of

157, 154 was allotted, there were three candidates shortage. Like that in

MBC, three candidates were in shortage, in SC-5 excess candidates and

SCA-1 excess candidate. The 3+3 shortage is nothing but 5+1 excess.

Meaning thereby, over all for the entire vacancy of 594, in the open quota

category for both the posts including the three categories, there has been no

change in number of vacancies or number of persons selected by applying

the 69% reservation. After having applied the 69% reservation and selected

them, because of the implementation of G.O.(Ms).No.10 since top

meritorious candidates first has to be gone to Taluk Police followed by AR

and further followed by TSP, this kind of small jumping of candidates from

one category to another category become inevitable and that inevitable

jumping of candidates to the maximum of only six candidates out of 594 is

only because of implementation of G.O.(Ms).No.10 but at no stretch of

imagination it can be stated that either 69% reservation has not been

followed or the three steps envisaged in Shobana's case has not been

followed.

32. In fact, 69% reservation has been strictly followed, three steps

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envisaged in Shobana's case also is strictly followed as well as the allotment

method to be adopted as contemplated under G.O.(Ms).No.10 has been

followed. If all the three mandatory instructions given to the selection

authorities since has been followed by the Commission it can never be stated

that there has been any lacuna or infirmity in the selection process

completed by the Commission. Justification to that effect as well as the

clarification already been given by the Commission, which we have in fact

extracted herein above.

33. Coming to the second and final query raised by the appellants as

well as the impleading party, i.e., the Human Resources Management

Department, Government of Tamil Nadu, i.e., the applicability of 20%

horizontal PSTM quota.

34. In this context, we may refer to the PSTM Act, where Section 2(a)

makes very clear that, "direct recruitment" means first appointment of a

person to any services under the State in accordance with the rules or

regulations or orders in force.

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35. Under Section 2(f) it defines, the services under the State includes

the services under (i) the Government; (ii) the Legislature of the State;

(iii) any local authority; (iv) any Corporation or Company owned or

controlled by the Government; and (v) any other authority in respect of

which the State Legislature has power to make laws.

36. Therefore the direct recruitment is nothing but the first

appointment and services of the State is not only the Government but also

Legislature, Local Authority, Corporation or any other authority under the

State.

37. If we look at Section 3 which provides for preferential

appointment or enabling provision to give this 20% reservation for PSTM

candidates, the language used in Section 3 reads that “notwithstanding

anything contained in any law for the time being in force and subject to

Section 5, 20% of all vacancies in appointment in the services under the

State which are to be filled through direct recruitment shall be set apart on

preferential basis to Persons Studied in Tamil Medium”.

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38. Here the words are "direct recruitment". If vacancies are filled

through direct recruitment, 20% of all vacancies in the services under the

State shall be earmarked or shall be set apart on preferential basis to Persons

Studied in Tamil Medium.

39. When that being the criteria fixed under the PSTM Act and here it

is a direct recruitment, where if appointments are made a candidate in the

first appointment certainly can claim the PSTM quota. Suppose the

candidate already been in services either in Government or in any other

authority as enumerated under Section 2(f), the first appointment quota

would not be available to such candidates under PSTM category. This has

been made very clear under the provisions of the PSTM Act itself. Therefore

the same cannot be stretched upon to state that, in any number of recruitment

a person who claims the PSTM quota has to be considered and the PSTM

quota shall be extended to such candidate as submitted by the appellants as

well as the impleading party which is totally against the very provisions of

the PSTM Act itself.

40. Even though in this context, the learned Additional Advocate

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General appearing for the impleading party has submitted that the restriction

that has been given to Ex-servicemen and the Destitute Widow has not been

made in respect of the PSTM candidate, therefore more than one number of

occasions such kind of benefit can be claimed by a PSTM candidates,

because of the provisions that is available in Act 14 of 2016, i.e., Tamil

Nadu Government Servants (Conditions of Service) Act 2016, we are not

impressed with the said arguments advanced by him for the simple reason

that, Section 3 of the PSTM Act itself starts with the non obstante clause

stating that "notwithstanding anything contained in any law for the time

being in force", which means, the PSTM Act will have a prevailing effect

over any other law for the time being in force and therefore the 2016 Act

cannot be taken for the rescue either for the appellants or for the impleading

party to put forth their case that, such a PSTM quota can be extended for a

incumbent employee of the Government or Governmental organisation for

more than one occasion.

41. Such an interpretation is not at all possible and cannot be granted

because, once such an interpretation is given, the very purpose of the 20%

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PSTM quota provided under the PSTM Act itself would get defeated. The

reason being that, the legislature thought it fit to give such a horizontal

preferential quota of 20% for PSTM candidates only in order to give benefit

to more and more number of PSTM candidates, thereby it would be an

encouraging factor for the wards of the State of Tamil Nadu to undertake

their studies from I Std till higher studies only in Tamil medium, so that they

would get the preference in the job opportunities in the State of Tamil Nadu.

That kind of encouraging factor is provided only to develop the mother

tongue of majority people of Tamil Nadu, i.e., Tamil, since the legislation

has been brought in. Such a noble object cannot be destroyed and defeated

by giving such lenient interpretation as sought for by the appellants or

impleading party to extend such PSTM benefit to the same person again and

again, by thus such benefit would be denied to a new candidate or in other

words, the benefit of PSTM quota would be prevented from being extended

to more number of candidates if such an interpretation sought for is accepted

by this Court.

42. Moreover in the report itself, the Commission has given clear

explanation and justification for the PSTM preference with the following

contents :

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"5. PSTM Preference - Clarification Regarding those

already in employment under the state.

In the notification, it was clearly stipulated that the 20%

reservation/concession under the Persons Studied in Tamil

Medium (PSTM) category would not be applicable to

departmental candidates. However, in respect of direct

recruitment, large number of individuals already employed

under the State, including predominantly police personnel,

have sought the benefit of 20% PSTM reservation. It is

noticed that 84 such candidates, comes under the zone of

consideration who are currently in Government service,

who have applied claiming preference under the PSTM

category.

On a careful reading of the Tamil Nadu Appointment on

Preferential Basis in the Services under the State of Persons

Studied in Tamil Medium Act, 2010 and the rules framed

thereunder, it is evident that the Act applies only to

unemployed individuals applying for direct recruitment, and

not to those who are already employed in any service under

the State or any other four services specified.

Relevant Statutory Definitions :

Section 2(a) of the Tamil Nadu Act, 2010 defines “direct

recruitment” as:

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"first appointment of a person to any service under the State

in accordance with the rules or regulations or orders in

force."

Similarly, Rule 2(a) of the Tamil Nadu PSTM Rules, 2010

reiterates:

"direct recruitment" means first appointment of a person to

any service under the State in accordance with the rules or

regulations or orders in force,

Rule 2(c) defines "services under the State" to include:

(i) Government;

(ii) the Legislature of the State;

(iii) any local authority;

(iv) any Corporation or company owned or controlled by

the Government; and

(v) any other authority in respect of which the State

Legislature has power to make laws.

Judicial Precedents:

1. In M. DuraiMurugan and Others vs. State of Tamil Nadu

and Others - W.P. (MD) Nos. 2760 and 2761 of 2016, the

Hon'ble (D.B) Madurai Bench of the Madras High Court in

paragraphs 24 and 25 held as follows:

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"Rule 2(a) defines 'direct recruitment' as the first

appointment of a person to any service under the

State. There is no ambiguity in the expression used

by the Legislature. The intention is clearly to

benefit only those who are entering government

service for the first time. As the petitioners therein

were already in service, they were held ineligible

for PSTM preference. The benefit under the Act

cannot be extended to candidates already in

employment."

2. In S. Nithyanandhan vs. Tamil Nadu Uniformed Services

Recruitment Board, W.P. No. 5546 of 2019, decided on

27.02.2019, the Hon'ble High Court observed at paragraph

12 as follows:

"The definition of 'direct recruitment'

unambiguously refers to the first entry of an

unemployed person into public service through an

open competitive process. There is no scope for

extending this benefit to in-service candidates

already employed under the State."

From the above statutory provisions and judicial

pronouncements, it is abundantly clear that the purpose of

the PSTM reservation is to provide employment

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opportunities to unemployed youth under the State. It is not

intended to promote or assist individuals who are already in

government employment, whether for advancement within

the same department or for securing a better position in a

different department under the State. Hence PSTM

preference is not applicable to those who are already in

service under the State as defined in Rule 2(c).

Accordingly, in the present selection process, the status of

the 84 candidates who were initially considered under the

PSTM category - despite being already employed under the

State has been revised and they have been treated as Non-

PSTM candidates. Similarly, in case there is no PSTM

candidate under Sports and Wards Quota then the Non-

PSTM candidates in the respective category is considered

and selected as provided in section 6 of Act No 40 of 2010

which states that "6. Notwithstanding anything contained in

section 3, where adequate number of qualified and suitable

persons studied in Tamil medium are not available for

appointment in the preferential vacancies, such unfilled

vacancies shall be filled up with persons studied in other

mediums within the respective category". The final

selection has been carried out based on this corrected

classification.

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6. Eligibility of Candidate under PSTM without

Schooling of HSC:

The Inspector General of Police / Member Secretary, Tamil

Nadu Uniformed Services Recruitment Board (TNUSRB),

in her letter C.No.1/NODAL OFFICER/TNUSRB/2025

dated 18.06.2025 addressed about the provisional selection

of candidate K. Chitra (Enrolment No. 5800282) under the

MBC/DNC PSTM category.

From the said communication, it is understood that

candidate K. Chitra studied up to the 10th Standard in a

Tamil Medium school, (regular) without studying the 11th

Standard and directly appeared for the 12th Standard

examination as a private candidate, and subsequently

obtained B.Litt. degree through correspondence course. The

TNUSRB rejected her claim for PSTM status on the ground

that she had not studied the Higher Secondary Course

(HSC) in a regular school, and therefore, did not fulfill the

requirement of having studied the entire HSC through

Tamil Medium.

Statutory Framework and Interpretation

The definition of a "Person Studied in Tamil Medium"

(PSTM) was amended by Act 35 of 2020, and the relevant

clause reads:

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The definition of person studied in Tamil Medium is

amended by Act 35 of 2020 as follows:

Section 2 "(d) "person studied in Tamil medium" means a

person who has studied through Tamil medium of

instruction up to the educational qualification prescribed for

direct recruitment in the rules or regulations or orders

applicable to any appointment in the services under the

State.

Explanation - For the purpose of this clause, - (i) in cases,

where SSLC is prescribed as the educational qualification,

one shall have studied up to SSLC through Tamil medium

of instruction;

(ii) in cases, where a Higher Secondary Course is

prescribed as the educational qualification, one shall have

studied SSLC and the Higher Secondary Course through

Tamil medium of instruction;

(iii) in cases, where a Diploma is prescribed as the

educational qualification, one shall have studied SSLC and

the Diploma through Tamil medium of instruction or if the

Diploma is obtained after completion of Higher Secondary

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Course then one shall have studied SSLC, Higher

Secondary Course and the Diploma through Tamil medium

of instruction;

(iv) in cases, where a Degree is prescribed as the

educational qualification, one shall have studied SSLC,

Higher Secondary Course and the Degree through Tamil

medium of instruction;

(v) in cases, where a Post-Graduate Degree is prescribed as

the educational qualification, one shall have studied SSLC,

Higher Secondary Course, Degree and the Post-Graduate

Degree through Tamil medium of instruction.".

When the TNUSRB declined to consider the candidature of

K. Chitra as PSTM since she has not studied Higher

Secondary Course as defined in clause (iv) of definition

mentioned supra, the candidate preferred writ petition

W.P.No.3536 of 2024 in which the Hon'ble High Court of

Madras ordered on 14.02.2024 as follows:

"5.Admittedly the petitioner had completed SSLC,

Higher Secondary Course and degree through

Tamil Medium. However, the petitioner was not

awarded any marks in the VIVA. Therefore, the

respondents are directed to publish the marks

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obtained by the petitioner through VIVA and if the

petitioner has scored marks within the zone of

consideration the respondent are directed to

consider the case of the petitioner to the post of

Sub-Inspector of police, if found otherwise

eligible, within a period of two weeks from the

date of receipt of copy of this order."

After the order of the Hon'ble High Court the Board by its

order dated 01.03.2024 in C. No. D1/0493/2024. B.O.(R)

No.11/2024 provisionally selected the candidate under

MBC/DNC PSTM category.

The Hon'ble High Court Madras in W.P. No. 3536 of 2024,

by order dated 14.02.2024, did not make any specific

declaration regarding the petitioner's eligibility under the

PSTM category, but only directed consideration if

otherwise eligible. Acting upon this TNUSRB provisionally

selected her under the MBC/DNC PSTM category via

B.O.(R) No.11/2024 dated 01.03.2024.

The Government of Tamil Nadu subsequently in G.O. No.

16 Personnel and Administrative Reforms (S) Department,

dated 15.04.2025, clarified in Clause IV that:

"Candidates who did not attend school but

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appeared directly for the examination as private

candidates and passed in Tamil Medium are not

entitled to preference under the PSTM category."

Further, in Letter No.2437/Police-III/2025-1 dated

24.05.2025, it was reiterated that: "Candidates who passed

10th or 12th Standard directly without studying the 9th or

11th Standard, though eligible to apply for direct

recruitment, are not eligible for PSTM preference."

Thus, candidate K. Chitra, having not attended school for

the 11th and 12thStandards and having directly appeared

privately for the 12th Standard examination, clearly falls

outside the ambit of the amended statutory definition of a

PSTM candidate. Thus K.Chitra cannot be considered under

PSTM candidate.

43. Having taken into consideration of the afore discussed legal

position as well as the factual matrix and after having gone through the

report submitted by the Commission and the compliance report filed in this

regard, we are fully satisfied that Commission has done a wonderful exercise

of completing the selection process as has been directed by this Court

through the impugned order.

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44. Once the order having been accepted and acted upon, the

appellants cannot turn around and file this belated appeal by raising some

grounds which are even otherwise untenable. Therefore on these grounds, no

successful challenge can be made against the direction given by the writ

court through the impugned order. In the result, the appeal has to fail for

want of merits.

45. In the upshot, we are inclined to dismiss the writ appeal with the

following further directions:

(i) That the report submitted by the Hon'ble

Mr.Justice N.Paul Vasanthakumar, Former Chief

Justice of Jammu & Kashmir, on the recruitment

in question as directed by the writ court through

the impugned order dated 22.04.2025 shall be

published and based on which, the TNUSRB shall

release the final selection list of candidates for the

direct recruitment to the post of Sub-Inspector of

Police as well as the Station Officer in the Fire

and Rescue Department-2023, within a period of

30 days (Thirty days) from the date of receipt of a

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copy of this order.

(ii) Along with the Report of the

Commission, the learned Judge has filed a

compliance report also, where it has been

indicated that the initial remuneration as ordered

by the writ court in the order impugned has

already been paid to him and the honorarium for

the two officers who assisted the learned Judge

was sanctioned but that was not paid at the time

when the compliance report dated 04.08.2025 was

filed.

(iii) In this context, a further direction is

hereby given that, the appellants shall pay an

additional remuneration of Rs.5,00,000/- (Rupees

Five Lakhs only) to Hon'ble Mr.Justice N.Paul

Vasanthakumar, Former Chief Justice of Jammu

& Kashmir High Court, within a period of one

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month from the date of receipt of a copy of this

order.

(iv) Insofar as other two assisting Officers

are concerned, if the initial honorarium of

Rs.2,00,000/- (Rupees Two lakhs only) each

already paid, the final honorarium of further

Rs.2,00,000/- (Rupees Two lakhs only) each also

shall be paid by the Appellants within one month

from the date of receipt of a copy of this order.

45. With these directions, the writ appeal is dismissed. However, there

is no order as to costs. Consequently, connected miscellaneous petitions are

closed.

(R.S.K., J.) (H.C., J.)

08.10.2025

Index : Yes

Speaking Order : Yes

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W.A.No.2552 of 2025

Neutral Citation : Yes

tsvn

To

1. The Director General of Police / Chairman

Tamil Nadu Uniformed Services Recruitment Board,

Old Commissioner of Police Complex,

Pantheon Road,

Egmore, Chennai - 600 008

2. The Member Secretary

Tamil Nadu Uniformed Services Recruitment Board,

Old Commissioner of Police Complex,

Pantheon Road,

Egmore, Chennai - 600 008.

3. The Secretary to Government

State of Tamil Nadu

Human Resources Management Department,

Fort St. George, Chennai - 600 009.

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W.A.No.2552 of 2025

R.SURESH KUMAR, J.

AND

HEMANT CHANDANGOUDAR, J.

tsvn

Judgment in

W.A.No.2552 of 2025

08.10.2025

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