- (1.) (THE Order of the Court was made by the Hon'ble the Chief Justice)Admit. Mr. Raja Kalifulla, learned Government pleader and Mr. G. Sankaran, Special Government Pleader (Education) waive notice for first respondent and respondents 2 to 4 respectively.
(2.) THE petitioner seeks for issuance of a writ of certiorarified mandamus to quash G. O. Ms. No. 216, Higher education (F2) Department, dated 5. 7. 2007 in so far as not making provision for filling the entire 522 SC/st backlog vacancies in the Lecturers cadre in the Government Arts and science Colleges. The petitioner has also challenged the said G. O. on the ground that it is opposed and in violation of undertaking given by the State Government to this Court in W. P. No. 16087 of 1999 agreeing to fill the backlog vacancies within five years. Based on this undertaking, a division Bench of this Court passed an order on 14. 1. 2000 to fill the backlog vacancies within five years. The five years period expired long back. The impugned G. O. nowhere refers to the undertaking given to this Court; nor makes any provision for clearing backlog of 522 vacancies; but merely provides that such backlog vacancies shall be filled up in a phased manner.
(3.) THE petitioner contends and in our opinion rightly that when there are 2175 vacancies, there is no reason for not filling up the backlog vacancies for SC/st candidates as per the order of this Court in W. P. No. 16087 of 1999. The facts are not in dispute. There are 67 government Arts and Science Colleges in Tamil Nadu having sanctioned strength of 4966 Lecturers and the number of vacancies in the said cadre is 2175 as on 31. 5. 2006. It appears that as on 14. 12. 1998 there existed 595 SC/st backlog vacancies in the Lecturer cadre in the Government colleges. Out of 595 SC/st backlog vacancies 73 posts were filled up through a Special Recruitment drive in the year 2000. Still there remains 522 vacancies unfilled right from the year 2000. A Public Interest Litigation in W. P. No. 16087 of 1999 was filed praying for a direction to fill in all the sc/st backlog vacancies that existed in the various departments in Tamil Nadu. The State while filing counter affidavit to the aforesaid writ petition, gave a solemn undertaking to this Court as follows:- "though it may be difficult now to fill up the carried forward backlog vacancies in each post which arose from 1. 4. 89 the backlog vacancies which arose from 1. 4. 89 have been taken into account. Where there is inadequate representation of Scheduled Castes and Scheduled Tribes, Backward Classes and most Backward Classes and Denotified communities, the number of such shortfall vacancies in each post shall be taken into account and appointments shall be made at the entry level post in the department within a period of 5 years. " As per the undertaking the State Government was required to fill up the vacancies on or before 14. 1. 2005. However, vacancies were not filled in. Instead the second respondent issued an advertisement on 18. 9. 2006 calling for applications to fill up 1000 posts of Lecturers in the various Departments in the Government Arts and Science colleges in Tamil Nadu without complying with the directions of this Court, dated 14. 1. 2000.;