N.Karimulla v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.4401 of 2020 and WMP No.5201, 5208 of 2020 N.Karumulla

...Petitioner

Vs.

1. The Chairman,

2. The Member,

3. The Member Secretary,

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 to include the petitioner name N.Karimulla, Enrolment Number 0616189 in the provisional selection list for character and antecedents verification and medical examination for common Recruitment of Grade-II Police Constable, Gr.II, Jail Warder and Fireman, 2019, called for in the third respondent proceedings, vide advertisement No.1/2019 dated 06.03.2019.

For Petitioner : Mr.J.Prakasam For Respondents : Mr.P.Kumaresan, Additional Advocate General, Assisted by Mrs.Sowmi Daltan, Standing Counsel

ORDER

This writ petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 to include the petitioner's name N.Karimulla, Enrolment Number 0616189 in the provisional selection list for character and antecedents verification and medical examination for common Recruitment of Grade-II Police Constable, Gr.II, Jail Warder and Fireman, 2019, called for in the third respondent proceedings, vide advertisement No.1/2019 dated 06.03.2019.

2. The case of the petitioner in brief:

The petitioner had completed his XII standard in the year 2013.

The third respondent issued a notification for recruitment to the post of Grade-II Police Constable, Grade-II Jail Warden and Fireman on 03.04.2019 and he attended the written test on 25.08.2019. Thereafter, he attended physical efficiency test on 08.11.2019 and he secured 15 marks out of 15. 2.1. During certificate verification, he could not produce his original SSLC certificate, since he handed over the same, at the time of enrollment of course of Bachelor of Physical Education at Siddartha College of Physical Education, C.Gollapalli, Tirupati (Rural), Chittoor District and it was sent to the concerned University by the above college. Further, it was informed by the college authorities that they cannot give the original SSLC certificate, unless the petitioner discontinued the above course.

Therefore, the petitioner informed the above facts and produced the xerox copy of the SSLC Certificate and the respondent Board had also accepted the same. 2.2. The respondent Board had published the provisional selection list on 04.02.2020, wherein, the petitioner's name was not found place. The petitioner had secured 32 marks in the written examination and 15 marks in the physical efficiency test and also 2 marks for the sports certificates. Therefore, the petitioner secured totally 49 marks out of 100 marks. But the persons, who secured lower marks than the petitioner, were provisionally selected by the respondent in the BCM (sports) quota. Hence this writ petition.

3. In the counter affidavit, it is stated that the petitioner had appeared for writ examination and he secured 32 marks, which is sufficient for the category under sports quota. Subsequently, he was allowed for PMT-ET-PET-CV conducted by the Vellore Sub-Committee on behalf of TNUSRB. However, during certificate verification, the petitioner had not produced his

original 10th Mark sheet, which is mandatory to prove the required educational qualification. Therefore, the petitioner was disqualified for the above said selection.

4. Heard the counsel appearing to both the parties and I have perused the materials on record.

5. According to the petitioner, he secured the required cut-off marks and hence, he is eligible for selection provisionally for the post of Grade-II Police Constable, Gr-II Jail Warder and Fireman- 2019. But, during certificate verification, the petitioner had not produced the original SSLC Certificate and the XI Standard original mark sheet before the respondent. Therefore, the Recruitment Board has not considered the petitioner for selection. It is seen from the records that the petitioner has submitted a xerox copy of the SSLC Certificate and X Standard mark sheet before the Board. Since the petitioner handed over the certificates before the Siddartha College of Physical Education for enrollment of a Bachelor of Physical Education he was not able to get the original certificates from that College and to produce the same at the time of certificate verification.

6. The learned counsel appearing for the petitioner submitted that the petitioner undertakes to submit the original certificates, within a period of one week, before the respondent Board.

7. At this juncture, the learned Additional Advocate General submitted that now, the entire selection process has been completed and hence the request of the petitioner cannot be accepted.

8. The Provisional Selection list was published on 04.02.2020 and the present writ petition filed on 19.02.2020. Considering the fact that the petitioner has already produced the xerox copy of the SSLC Certificate and X Standard mark sheet and the counsel for the petitioner also submitted that the petitioner will submit the original certificates within a week before the respondent Board. Thus, there is some force in the contention of the counsel for the petitioner. Hence, this court is of the view that an opportunity shall be given to the petitioner to produce the original documents. However, considering the fact that already selection process is over, this court is inclined to pass the following order.

9. Accordingly, it is ordered that, i) The third respondent is directed to send a communication to the petitioner, within ten days from the date of receipt of a copy of this order, fixing the date for certificate verification.

ii) On receipt of such communication, the petitioner is directed to appear before the respondent Board with all the original certificates, as required by the Board, including SSLC Certificate and X Mark Sheet, on the date of certificate verification, to be conducted by the respondent Board. iii) After certificate verification, the respondent Board is directed to send a communication to the petitioner, within a period of six weeks thereafter.

iv) The respondents are directed to consider the petitioner for selection to the post of Grade-II Police Constable, Grade-II Jail Warden and Firemen, in the future vacancies, if he satisfies all the eligibility Criteria.

10. With the above directions, this writ petition is disposed of.

No costs. Consequently, connected writ miscellaneous petitions are closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar mst To

1. The Chairman,

2. The Member,

3. The Member Secretary, +1 CC to Mr.J.Prakasam, Advocate sr 28094.

W.P.No.4401 of 2020 AD(CO) SP(09/06/2022)