K.Chitra v. The Member Of The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.3536 of 2024 and WMP.No.3801 of 2024 K.Chitra ... Petitioner Vs.

1.The Member Secretary, The Tamilnadu Uniformed Services Recruitment Board, Egmore, Chennai 600 008 2.The Director, The Tamilnadu Uniformed Services Recruitment Board, Egmore, Chennai 600 008 3.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the Respondents to publish the marks in VIVA conducted by the respondents on 03.01.2014 and consequently appoint the petitioner to the post of Sub Inspector of Police if found eligible otherwise.

For Petitioner : Mr.R.Jaikumar 1/6

For Respondents For R3 : Mrs.K.L.Karthika, Government Advocate For R1 & 2 : Mrs.D.Sowmi Dattan, Standing Counsel

ORDER

This writ petition has been filed for direction to the respondents to publish the marks of the petitioner obtained in VIVA conducted by the respondents on 03.01.2024.

2.

Heard, the learned counsel appearing on either side. 3.

The petitioner had applied for the post of Sub Inspector of Police under 'Person Studied in Tamil Medium'(PSTM) quota. The petitioner is qualified with SSLC, Higher Secondary Course Examination and Bachelor of Literature in Tamil. She had written main examination and she scored 55.5% marks out of 70. She was selected for fitness test. She had participated in the fitness test and successfully completed and awarded 9 marks out of 10. After verification of certificates, she was 2/6

called for to participate in the VIVA held on 03.01.2024. Accordingly, she had attended VIVA and her certificates were verified by the authority. However, she was not selected and she was declared disqualified. After completion of SSLC, the petitioner without studying +1, she directly completed +2 examination in Tamil medium. Thereafter, she completed B.Lit in tamil medium. In fact, her certificates were verified and she was allowed to attend VIVA. However, without awarding any mark in the VIVA, she was simply disqualified to the post of Sub Inspector of Police. She was also orally informed that she did not complete +1 and she directly completed +2 and as such, she was disqualified to the post of Sub Inspector of Police. 4.

As per the Act 35 of 2020, in order to apply under quota of Person Studied in Tamil Medium, in cases, where a Higher Secondary Course is prescribed as the educational qualification, one shall have studied SSLC and the Higher Secondary Course through Tamil medium of instruction and in cases, where a degree is prescribed as the education qualification, one shall have studied SSLC, Higher Secondary Course 3/6

and the degree through Tamil medium of instruction. 5.

Admittedly, the petitioner had completed SSLC, Higher Secondary Course and degree through Tamil medium. However, the petitioner was not awarded any marks in the VIVA. Therefore, the respondents are directed to publish the marks obtained by the petitioner through VIVA and if the petitioner has scored marks within the zone of consideration, the respondents are directed to consider the case of the petitioner to the post of Sub Inspector of Police, if found otherwise eligible, within a period of two weeks from the date of receipt of copy of this order.

6.

With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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To 1.The Member Secretary, The Tamilnadu Uniformed Services Recruitment Board, Egmore, Chennai 600 008 2.The Director, The Tamilnadu Uniformed Services Recruitment Board, Egmore, Chennai 600 008 3.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004 5/6

G.K.ILANTHIRAIYAN, J.

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