S.Prabu v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2023
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA W.P.
No.4454 of 2021 and W.M.P.Nos.5075, 5077 & 5079 of 2021 S.Prabu ... Petitioner Vs.
1.State of Tamil Nadu, Rep by its Principal Secretary, Home Department, Secretariat, Chennai 600 009.
2.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai - 8.
3.The Member Secretary, Tamil Nadu Uniformed Service Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai - 8.
4.The Director General of Police, O/o.The Director General of Police, Tamil Nadu, Chennai 600 004.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notification issued by the 3rd respondent vide Page No.1 of 8
notification No.2/2019 dated 08.03.2019 in so far as the applying the PSTM reservation after completion of the entire selection process is concerned and the consequential impugned provisional selection list passed by the 2nd respondent vide his proceedings RC.No.860/R2/TNUSRB/2019 dated 01.12.2020 and quash the same as illegal and consequently direct the respondents to apply Person Studied with Tamil Medium (PSTM) reservation at the stage of Viva Voce strictly in term of the G.O.Ms.No.145, Personnel and Administration Reforms (s) Department dated 30.09.2010 and consequently, consider the petitioner's candidature for appointment to the post of Sub Inspector of Police under PSTM Category.
For Petitioner : Mr.R.Jayaprakash For Respondents : Ms.D.Sowmi Dattan, Standing Counsel for R2,R3 : Mr.T.Arunkumar, AGP for R1 & R4
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notification issued by the 3rd respondent vide notification No.2/2019 dated 08.03.2019 and the consequential impugned provisional selection list passed by the 2nd respondent vide his proceedings RC.No.860/R2/TNUSRB/2019 dated 01.12.2020 and quash the same as illegal and consequently direct the respondents to consider Person Page No.2 of 8
Studied with Tamil Medium (PSTM) reservation at the stage of Viva Voce strictly in term of the G.O.Ms.No.145, Personnel and Administration Reforms (s) Department dated 30.09.2010 and consequently, consider the petitioner's candidature for appointment to the post of Sub Inspector of Police under PSTM Category.
2. Heard Mr.R.Jayaprakash, learned counsel for the petitioner, Ms.D.Sowmi Dattan, learned Standing Counsel for R2 & R3 and Mr.T.Arunkumar, learned Additional Government Pleader for R1 & R4.
3. The learned counsel for the petitioner submitted that the similarly placed persons like the petitioner have filed Writ Petitions in W.P.Nos.10467 of 2021 & W.P.Nos.14538 & 9834 of 2020 and the same were allowed. The Writ Appeal filed against the said order was also dismissed. The following order has been passed after considering the matter at length:
''18. The respondents are bound to follow the procedure and cannot unfairly exclude the petitioners contrary to the requirements of the above Recruitment Page No.3 of 8
Notification.
19. Therefore, I am inclined to allow these Writ Petitions by directing the respondents to permit the petitioners to participate in the next round of selection and thereafter apply the test procedure prescribed / recognized in Saurav Yadv case referred to supra. This exercise shall be carried out by the respondents within a period of four (4) weeks from the date of receipt of a copy of this order along with the petitioners in W.P.Nos.12833, 12835 & 4852 of 2021.
20. If the petitioners are entitled to be selected, following the procedure in Clause 15(vi) of the Recruitment Notification and test in Saurav Yadv case referred to supra the respondents shall absorb these petitioners into service by creating supernumerary posts and regularize their appointment. Entire exercise shall be carried out by the respondents within one eighty (180) days from the date of receipt of a copy of this order."
4. Pursuant to the above order, a communication has been sent to Page No.4 of 8
those petitioners to attend the selection process along with the candidates of joint recruitment 2023. It is submitted that the petitioner has filed this Writ Petition even prior to the other petitioners who got the advantage of the above order.
5. The benefit of the order passed in W.P.Nos.10467 of 2021 & W.P.Nos.14538 & 9834 of 2020 should be available to the petitioner who was also before this Court seeking the same relief and whose Writ Petition was pending even before those Writ Petitions in which the above order has been passed. Hence, I feel it is appropriate to direct the respondents 2 and 3 to send a call letter to the petitioner in order to enable him to attend the selection process along with the other petitioners in the other Writ Petitions.
6. In the result, this Writ Petition is disposed and the respondents 2 and 3 are directed to send a call letter to the petitioner within a period of one week from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. No costs. Page No.5 of 8
10.11.2023 Index : Yes Internet : Yes/No gsk Page No.6 of 8
To 1.The Principal Secretary, Home Department, Secretariat, Chennai 600 009.
2.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai - 8.
3.The Member Secretary, Tamil Nadu Uniformed Service Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai - 8.
4.The Director General of Police, O/o.The Director General of Police, Tamil Nadu, Chennai 600 004.
Page No.7 of 8
R.N.MANJULA , J.
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