HC dismisses pleas seeking to interfere with a GO

The Madras High Court Bench here today dismissed a plea seeking to interfere with a 2010 Government Order on the ground of "erroneous" illustration regarding grant of 20 per cent reservation in government jobs for Tamil Medium candidates.
Justic S Nagamuthu said the error had been corrected by a April 30 Governemnt Order of this year. The judge said he did not want to disturb the appointments made on the basis of the old GO as it would lead to "chaos and confusion."
The petitioner S Gomathi Nayagam stated that the government had provided for reservation in direct recruitment through promulgation of an ordinance in 2010.

Subsequently, the Tamil Nadu Appointment on Preferential Basis in the services under the State of Persons Studied in Tamil Medium Rules, 2010, were framed stating that 20 per cent of vacancies should be set apart on preferential basis for Tamil medium candidates.
But, the illustration provided under the Rules for providing the reservation worked out to less than 20 per cent. The Tamil Nadu Public Service Commission too had pointed out the anomaly to the government which took four years to rectify it.
The counsel for the Government K P Krishnadoss, opposed the petitioner's plea to appoint him on the basis of the new G.O on the ground that it could be applied only prospectively. Retrospective operation would lead to chaos, he said.

The Judge said "if the illustration appended to the new Government Order is to be applied retrospectively for the advertisement dated December 30, 2010, in that event also many of the selected candidates may have to be sent out of service and many new faces may have to be brought in".