Johnsimary v. Government of Puducherry

ORDER (Order of the Court was made by M.S.RAMESH, J.) After having applied to the post of Upper Division Clerk in the selection process pursuant to notification dated 29.09.2022, under the MBC category, the petitioner had sought for consideration of her candidature under OBC category. It would be relevant to note here that the petitioner was unsuccessful for selection under MBC category and if her candidature was considered under OBC category, she could be included in the selection list.

¶2The Central Administrative Tribunal (hereinafter referred to as 'the Tribunal'), in the impugned order dated 28.05.2025 passed in O.A.No.683 of 2023, had found that such request for migration of category/caste status, is impermissible. For such a finding, reliance was placed on a judgment of the Division Bench of this Court in W.A.(MD).No.146 of 2019 in the case of 'A.Sangeetha Vs. TNPSC', wherein it was held that change of the caste/category is not of a trivial nature and therefore, is impermissible. We do not find any reason to interfere with such a finding.

¶3The conduct of the petitioner can also be viewed from a different perspective. After having originally applied under the MBC category, the petitioner has produced community certificate before us to establish that she belongs to OBC category. Thus, her claim in the original application that she belongs to MBC category itself would amount to suppression of material facts and though the respondents have not rejected her candidature on that ground, she would be disqualified on this score also. Hence, there are no valid grounds to interfere with the order of the Central Administrative Tribunal.

¶4In the light of the above observations, the Writ Petition stands dismissed. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [V.L.N, J.]

21.07.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni To

1.The Under Secretary to Government of Puducherry, Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry.

2.The Secretary to Government (Agri-cum-Controller of Examination), Government of Puducherry, Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry.

3.Mr.V.Satiyaraj, C/o.Controller of Examination, Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry.

4.The Special Public Prosecutor, Puducherry.

M.S.RAMESH, J. and

V. LAKSHMINARAYANAN, J. Sni

21.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.07.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and W.M.P.No.29942 of 2025 Johnsimary ... Petitioner Vs. 1.Government of Puducherry, Under Secretary to Government, Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry. 2.Government of Puducherry, Secretary to Government (Agri-cum-Controller of Examination), Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry. 3.Mr.V.Satiyaraj, C/o.Controller of Examination, Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the Central Administrative Tribunal, Chennai Bench, in its order dated 28.05.2025 in O.A.No.683 of 2023 and to quash the same and consequently direct respondents 1 and 2 to select and appoint the petitioner to the post of UDC pursuant to notification dated 29.09.2022 in File No.A-34012/7/E1/2022/DP&AR(Exam), under OBC category. For Petitioner : Mr.J.Srinivasa Mohan for M/s.TVJ Associates For R1 & R2 : Mr.R.Syed Mustafa, Special Public Prosecutor (Puducherry)