@JUDGMENTTAG-ORDER
S.J. Mukhopadhaya, J.@mdashThis review application has been preferred by the petitioner against the order dated 25th Feb., 2008, passed by
this Court in W.P. No. 39171/02. The said case was dismissed having noticed the stand taken by the respondent that the name of the petitioner
was appearing at the 8th rank as per the mark secured and that the petitioner did not come within the zone of appointment against reserved
category or unreserved post.
2. Learned senior counsel appearing on behalf of the petitioner, while relied on ''Rank List'' as was prepared at the time of selection, wherein the
following rank was shown:
S. No. Name of Thiru/Tmt. Marks Marks TOTAL
the Candidate /Selvi obtained obtained in
in Written in Viva-voce
Examination Examination
1 Swarnam J. OBC 230 47.16 277.16
Natarajan
2 S. Isvarane 197 61.83 258.83
3 G. Thirupurambikai 203 55.50 258.50
4 R. Venkatasubramanian 204 48.16 252.16
5 G. Sendil Kumar OBC 190 55.00 245.00
6 V. Sofana Devi OBC 207 35.66 242.66
7 S. Mohana Kumari OBC 203 39.66 242.66
8 K. Kiroubagarane OBC 184 57.16 241.16
9 D. Balu OBC 186 54.50 240.50
10 P.P. Sheela Devi 197 38.83 235.83
11 S. Meena Rani 195 40.00 235.00
12 S. Shanmugavel OBC 202 28.16 230.16
13 G. Muthukumaran OBC 196 34.16 230.16
14 S. Chandra OBC 188 39.50 227.5
15 D. Selvam OBC 190 35.33 225.33
16 N.K. Sajna OBC 198 23.83 221.83
17 R. Prabakar OBC 185 34.50 219.50
18 S. Kiruba Vijai Anand OBC 187 32.00 219.00
19 N. Tamil Mani OBC 187 30.83 217.83
20 G. Prabagaran 187 28.83 215.83
It was submitted that the first three persons on their merit were rightly appointed against the merit post. Those whose names have been shown as
5, 6 and 7, out of them S. Mohana Kumari, who has obtained 7th rank in the rank list could not have been selected against the post reserved for
Other Backward Category (OBC), as she was not OBC as on the date of application, but was a Most Backward Category candidate (MBC)
and was declared OBC vide G.O. No. 13/202/Wel. (SW-II) dated 12th March, 2002, issued from the office of the Chief Secretary (Welfare),
Government of Pondicherry.
3. We have heard the learned Counsel for the petitioner and perused the record. It is settled law that under Article 16 (4), it is always open to the
State to make provision for reservation of appointment or post in favour of any backward class of citizens, which includes Scheduled Caste and
Scheduled Tribe. As per the said provision, backward class other than SC and ST are commonly known as Other Backward Class. In some of
the State, OBC have also been sub-categorized as Backward Category and Most Backward Category., but the question of such sub-
categorisation of OBC could be considered only if, in the matter of reservation and roster they are shown separately.
4. In the present case, it is not in dispute that in the roster, the post kept reserved for SC, SC and OBC. It is also not in dispute that only six posts
were notified and as per roster 3 of them were to be filled up on merit (unreserved post) and 3 were to be filled up from amongst OBC, i.e., those
backward category, who do not belong to SC or ST category. Three posts having reserved for OBC, we are of the opinion that both backward
category and most backward category were entitled for appointment against those reserved posts, no sub category having shown in the matter of
roster.
5. We find no merit in this review application and it is accordingly dismissed. But there shall be no order as to costs.
