L.Maheswari v. Govt. Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.5125 to 5129 of 2005 L.Maheswari ..Petitioner in W.P.No.5125 of 2005 P.Anitha ..Petitioner in W.P.No.5126 of 2005 P.Eswari ..Petitioner in W.P.No.5127 of 2005 A.Panchawarnam ..Petitioner in W.P.No.5128 of 2005 I.Jothilakshmi ..Petitioner in W.P.No.5129 of 2005 vs 1.Government of Tamil Nadu, rep.by its Secretary, Home Department, Fort St.George, Chennai - 600 009.
2.Tamil Nadu Uniformed Services, Recruitment Board, Office of the Director General of Police, And Chairman, Rep.by Director General of Police And Chairman, NO.807, Anna Salai, Chennai - 600 002.
3.Director General of Police, State of Tamil Nadu, Chennai - 600 004.
.. Respondents in all W.Ps Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the concerned records from the 2nd respondent and quash the order of the 2nd respondent bearing C.No.D1/1443/2001 dated 19.11.2004, in respects of petitioner in W.P.No.5125 of 2005 and order dated 29.10.2004 in respect of petitioners in other W.P.s viz., W.P.Nos.5126 to 5129 of 2005 and consequently direct the respondents to select and appoint the petitioner as Grade II Women Police Constable.
For Petitioner : Mr.G.Aswin kumar(in all W.Ps) For Respondents : M/s.R.Janaki Additional Government Pleader C O M M O N O R D E R The order of rejection, disqualifying the writ petitioners from selection to the Post of Grade-II Women Police Constable is under challenge in the present writ petitions. 2.The writ petitioners had participated in the process of selection for recruitment to the Post of Grade-II Women Police Constable in the Tamil Nadu Police Services. The petitioners participated in the written examination and thereafter, in Physical verification test and other Eligibility test. The case of the writ petitioners was rejected on the ground that the petitioners had been disqualified in 100 Meters Re-run Test and the slip of disqualification, which is impugned in the present writ petitions, was issued by the Director General of Police and Chairman, TNUSRB, Chennai - 2.
3.This Court is of an opinion that the selection to the Uniformed services are to be made strictly in accordance with the rules and regulations in force. There cannot be any compromise in respect of the Physical Eligibility Test, Medical Test, Endurance Test and other Eligibility criterias. As this Court had ruled in many number of cases that Uniformed Services are of paramount important for the efficient public administration. There cannot be any compromise in respect of adopting the recruitment rules, more specifically, for uniformed services.
4.In the present cases on hand, the writ petitioners were aged about 26-34 years even at the time of filing of the writ petitions in the year 2005. They were disqualified on account of the fact that they failed in 100 Meters Re-run Test. 5.This being the factum, now after this length of time, the non-selection of the writ petitioners cannot be interfered with and further, the writ petitioners would be now aged about more than 40 years and the present writ petitions deserve no further consideration.
6.Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar kak To 1.The Secretary, Home Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police, And Chairman, Tamil Nadu Uniformed Services, Recruitment Board, Office of the Director General of Police, And Chairman, NO.807, Anna Salai, Chennai - 600 002.
3.The Director General of Police, State of Tamil Nadu, Chennai - 600 004.
+1cc to Mr.P.N.Balaji, Advocate SR.No.86403 +1cc to Government Pleader, High Court, Madras SR.No.86695 W.P.Nos.5125 to 5129 of 2005 GP(CO) GMY(11/01/2019)