GOVERNMENT OF TAMIL NADU Vs. S BALASUBRAMANIAN
LAWS(SC)-1995-10-51
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on October 31,1995

GOVERNMENT OF TAMIL NADU Appellant
VERSUS
S Balasubramanian Respondents

JUDGEMENT

S. C. Agrawal, J. - (1.) Leave granted in S.L.P. (Civil) No. 10107 of 1995.
(2.) These appeals raise common questions relating to reservation in the matter of appointment on the post of Deputy Tahsildar in the State of Tamil Nadu. The appointment to the post of Deputy Tahsildar in the Tamil Nadu Revenue Subordinate Service is governed by the Special Rules for the Tamil Nadu Revenue Subordinate Service (hereinafter referred to as &apost;the Special Rules &apost;). In the matter of reservation, provision is made in Rule 6 of the Special Rules. Prior to its amendment in 1977, the said Rule provided as under : "Rule 6, Reservation of appointments; Subject to the provisions of Rule 5 (d, rule of reservation of appointments (General Rule 22) shall apply to appointments to the category of Deputy Tahsildars in each district."
(3.) General Rule 22 of the Tamil Nadu State and Subordinate Services Rules (hereinafter referred to as &apost;the General Rules &apost;) prior to its amendment in 1967 provided as under : "Rule 22. Reservation of appointments : Where the Special Rules lay down that the principle of reservation of appointments shall apply to any service, class or category, appointments thereto shall be made on the following basis:- (a) The unit of appointments for the purpose of this rule shall be hundred of which sixteen shall be reserved for the Scheduled Castes and the Scheduled tribes and twenty-five shall be reserved for the Backward Classes and the remaining fifty-nine shall be filled on the basis of merit. (b) The claims of members of the Scheduled Castes and the Scheduled Tribes and the Backward Classes shall also be considered for the fifty-nine appointments which shall be filled up on the basis of merit; and where a candidate belonging to a Scheduled Caste, Scheduled Tribe or a Backward Class is selected on the basis of merit, the number of posts reserved for Scheduled Castes and Scheduled Tribes or for Backward Classes, as the case may be, shall not in any way be affected. (c) ......." ;


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