S. Durai v. The Director General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2018

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.50199 of 2006 S.Durai

...Petitioner

-vsThe Director General of Police, Cum Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Chennai -2.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent in his proceeding bearing Ref.No.D3/1470/2003 dated 08.04.2003 and quash the same and direct the respondent to forthwith appoint the petitioner as Police Constable. For Petitioner : Mr.S.Mukunth For Respondents : Mr.V.Kathirvelu Special Government Pleader.

O R D E R

The order of rejection dated 08.04.2003 rejecting the candidature of the writ petitioner for recruitment to the post of Police Constable Grade-II is under challenge in the present writ petition.

2. The writ petitioner submitted an application for recruitment to the post of Grade-II Police Constable in Tamil Nadu Police Service, pursuant to the notification issued by the respondents in Tamil Daily, Dhina Thanthi. The writ petitioner had participated in the process of selection and his application was rejected on the ground that the writ petitioner was over aged during the relevant point of time.

3. The learned counsel for the writ petitioner states that the writ petitioner was not actually over aged and erroneously the application of the writ petitioner was rejected. However, the fat remains that, the application submitted by the writ petitioner was rejected with reference to his age in proceeding dated 08.04.2003. The writ petition itself was filed on 20.12.2006 after a lapse of 3 years from the date of the order of rejection passed by the respondent.

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4. Thus even at the time of filing of the writ petition, there was an enormous delay and the writ petition is liable to be rejected on the ground of delay. However, the writ petition is pending for the past 12 years, and now the writ petitioner is aged about 46 years old. Thus, the case of the writ petitioner cannot be considered for appointment to the post of Grade-II Police Constable in Tamil Nadu Police Service. Even the writ petition itself was filed after a lapse of 3 years from the date of causing of the rejection of application of the writ petitioner in proceeding dated 08.04.2003.

5. For all these reasons, the writ petitioner has not established any acceptable grounds for the purpose of considering the relief as such sought for in the present writ petition. Accordingly, the writ petition stands dismissed. No Costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pkn To The Director General of Police, Cum Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Chennai -2.

+1cc to Mr.Sarvabhauman Associates, Advocate, S.R.No.88422 +1cc to the Government Pleader, S.R.No. 88940 W.P.No.50199 of 2006 SR(CO) rrs 10/01/2019 https://hcservices.ecourts.gov.in/hcservices/