R.Appash v. The State of Tamilnadu

JUDGMENT (Judgment of the Court was delivered by S.M.Subramaniam J.) Under assail is the writ order dated 16.04.2024 passed in W.P.No.11582 of 2023.

2.The writ petitioner is the appellant before this Court. The appellant participated in the process of selection for direct recruitment to the post of Group I Services published on 01.01.2019 vide TNPSC notification No.01 of 2019. The ranking list for the posts included in Group I services was notified on 31.12.2019. The counselling for allotment of posts in different departments Page3 of 6 based on their rank in the selection was conducted by TNPSC on 06.01.2020. Admittedly, the appellant was issued a selection order for appointment to the post of District Officer, Fire and Rescue Services department and he joined the said post on 20.07.2020. So also the candidates selected to the post of Deputy Superintendent of Police including the respondents 3 and 4 were issued appointment orders and they joined on 24.07.2020.

3.The learned senior counsel appearing on behalf of the appellant would mainly contend that the appellant was aspiring to the post of Deputy Superintendent of Police and the respondents 3 & 4 had not continued in the said post, since they were subsequently allotted to the Indian Defence Accounts Service, as per their representations and in the said post, the appellant is to be appointed.

4.The writ Court turned down to accede the request of the appellant mainly on the ground that as per the selection order, the appellant was appointed to the post of District Officer Fire and Rescue Services department and he joined on 20.07.2020. The next recruitment notification for Group I services was notified on 02.08.2022 and therefore, the reserve list lapsed and cannot be operated. Page4 of 6

5.This Court is of the considered view that mere participation in the process of selection or selection would not confer any right to a candidate. No doubt 25% of the candidates will be included in the reserve list, which is to be operated in the event of not joining the post by the selected candidates. In the present case, the name of the appellant was included in the reserve list for the post of Deputy Superintendent of Police. However, his turn did not come and more so, the next recruitment was notified in the year 2022 and after the next recruitment notification, the reserve list cannot be operated as the vacancies left out will be notified in the fresh recruitment notification. That apart, it is not the case as if the respondents 3 and 4 had not joined the post, they had joined in the post of Deputy Superintendent of Police and subsequently submitted representations on 10.10.2020 and they were again appointed to the Indian Defence Accounts Service and Indian Civil Accounts Service respectively. Therefore the appellant cannot seek any appointment to the said post of Deputy Superintendent of Police based on the fact that his name was included in the reserve list. That apart, the learned senior counsel would refer to the letter of the TNPSC dated 21.10.2021. A perusal of the said letter would show that it is confidential and inter departmental communication between the TNPSC and the Government, providing certain information, which would not confer any right to claim appointment to the post of Deputy Superintendent of Police. Page5 of 6

6.The writ Court has elaborately considered these facts and rejected the writ petition and this Court does not find any infirmity in the writ order impugned and consequently, the Writ Appeal stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. (S.M.S.,J.) (N.S.,J.) 14-07-2026 Index: Yes Speaking order sai To

1.The State of Tamil Nadu Rep. by its Additional Chief Secretary to Government, Home (Pol.2) Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

3.Selvi S. Sangeetha, 1147, Pappan Thottam, Bellampatti, Dharapuram, Tiruppur - 638 702.

4.Thiru. L.D. Vivekkannan, 1174C, Manapallam, E.B.Colony, Lakshmi Nagar, Vasavi College Post, Erode - 638 316. WAoNo.o2727oofo2024 S.M.SUBRAMANIAMeJ. AND N.SENTHILKUMAReJ. sai WAeNo.e2727eofe2024 AND CMPeNO.e19938eOFe2024 e14-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR AND CMP NO. 19938 OF 2024 R.Appash S/o. R. Ravichandran, 2/63, M.veampatti Post, Harur taluk, Dharmapuri District - 635 305. ..Appellant(s) Vs 1. The State of Tamil Nadu Rep. by its Additional Chief Secretary to Government, Home (Pol.2) Department, Secretariat, Fort St. George, Chennai - 600 009. 2. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003. 3. Selvi S. Sangeetha, 1147, Pappan Thottam, Bellampatti, Dharapuram, Tiruppur - 638 702. 4. Thiru. L.D. Vivekkannan, 1174C, Manapallam, E.B.Colony, Lakshmi Nagar, Vasavi College Post, Erode - 638 316. ..Respondent(s) Page2 of 6 Prayer: Appeal filed under clause 15 of Letters Patent to set aside the orders passed by the this Court in WP.No.11582 of 2023 dated 16.04.2024. For Appellant(s): Mr.G.Sankaran, Senior Counsel, for Mr.S.Nedunchezhiyan For Respondent(s): Dr.R.Gouri, Government Counsel for R1, Mr.I.Abrar Md.Abdullah, Standing Counsel for TNPSC for R2, Ms.AL.Gandhimathi, Senior Counsel for Ms.R.Priyadharshini for R4