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Madras High CourtWP/12468/2016dismissed

M.Sowmiya, v. The Chairman/ Director General

2016-04-04Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P. Nos.12468 to 12470 of 2016 and W.M.P.Nos.10784 to 10786 of 2016 M.Sowmiya .. Petitioner in WP.12468/16 P.Suguna .. Petitioner in WP.12469/16 M.Sudha .. Petitioner in WP.12470/16 -vs1.The Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai.

2.The Chairman / Member, Sub-Committee, Vellore Centre, Vellore.

.. Respondents in all WPs.

Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in connection with the impugned order passed in C.No.R2/315/2015 dated 5.8.2015 (Enrolment Nos.1605537, 1605533 & 1605536 respectively) and quash the same and further direct the respondents to send the petitioners for subsequent stages of selection. For Petitioners :Mr.M.Muthappan For Respondents :Mr.P.H.Aravind Pandian, Addl. Adv. General, assisted by Mr.S.T.S.Murthi, Govt. Pleader & Mr.V.R.Kamalanathan, Addl.G.P.

COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) In pursuance to the recruitment process carried out by the second respondent for recruitment to the post of Sub-Inspector, all the three petitioners were participants. The exam process envisaged initially a written examination and candidates were called for the Physical Endurance Tests on the basis of the ratio of five candidates for each vacancy in the relevant category. This was preceded by the model answers being put in public domain, objections being invited and dealt with. The three candidates before us qualified this process of the written examination and thus, were entitled to participate in the Physical Endurance Tests held from 3rd to 5th of August, 2015. Unfortunately all the three candidates failed to clear one event each, i.e. in W.P.Nos.12468 and 12470/2016, the long jump event while in W.P.No.12469 of 2016, the 100 meter race. That being the position, they were not called for interview which was held from 03.09.2015 to 15.10.2015 and the final provisional list was declared on 15.11.2015.

2.We may note that the complete set of petitions making grievances at different stages of the selection process were listed before us to ensure that the selection process is transparent and grievances were met there and then in order to ensure that the selection process is not delayed. A large number of petitions came at every stage, where we attended to the grievances including some arising during the Physical Endurance Tests.

3.The present petitions have now been filed in April, 2016, after a gap of eight months from the date the cause of action arose in the first week of August, 2015, somehow to get, in one way or the other, relaxation. We feel this course of action is completely impermissible and the petitions undoubtedly suffer from delay and laches and are an after thought to somehow get into the select list. While we appreciate the concern of persons who have lost by fractions, the fact remains that in a selection process of 1078 posts, the total persons who took the examination were approximately 1,85,000. However, this does not imply that the candidates who participated can keep on coming to Court whenever they so want to take chances and we do believe the concerned advocates should not be encouraging them raising their hopes knowing fully well that we have passed orders already stating that people who have not immediately come to Court would be denied on the basis of delay and laches. 4.We are, thus, of the view that these petitions are not liable to be looked into.

5.Writ petitions, accordingly, stand dismissed. No costs. Consequently, connected miscellaneous petitions also stand dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai.

2.The Chairman / Member, Sub-Committee, Vellore Centre, Vellore.

+2cc to Mr.M.Muthappan, Advocate sr.21017 W.P.Nos.12468 to 12470 of 2016 gjII(CO) srg(21/04/2016)