Selvi, D/O. Selvam, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 23608 of 2016 Selvi ... Petitioners Vs.

1. The State of Tamil Nadu Represented by the Secretary, Home Department, Fort. St. George, Chennai.

2. Director General of Police, Mylapore, Chennai - 4.

3. Tamil Nadu uniformed Service Recruitment Board, Represented by its Chairman, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 8.

... Respondents Prayer: Writ Petition filed Under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant additional reservation to women, in accordance with G.O.Ms. No. 550 P & AR dated 04.10.1989 in pursuant to the order of absorption of 8500 Tamil Nadu Special Police Youth Brigade to Constable Grade - II vide communication in RC No. 180009/Rect. I(1) 2016 dated 08.02.2016. For Petitioner : Mr. S. C. Vishwanth For Respondents : Mr. S. Rajesh Government Advocate for R1 & R2 No appearance - R3

O R D E R

The relief sought for in the present writ petition is to direct the respondents to grant additional reservation to women, in accordance with G.O.Ms. No. 550 P & AR dated 04.10.1989 in pursuant to the order of absorption of 8500 Tamil Nadu Special Police Youth Brigade to Constable Grade - II vide communication in RC No. 180009/Rect. I(1) 2016 dated 08.02.2016.

2. The petitioner states that she is fully qualified for selection to the post of Grade II Police Constable. However, she participated in the process of selection for appointment to the post of Sub Inspector Taluk and she was unsuccessful. Thereafter, she filed the present writ petition for the purpose of seeking additional reservation to women.

3. Reservation to women is a policy decision to be taken based on the various factors. It is general reservation granted to women candidates pursuant to Government Policy and Court cannot issue any direction to grant additional reservation to women. It requires assessment and initiate action in accordance with the rules in force. Court cannot interfere with

such administrative policies to be taken by the competent authorities of the Government Department. It is the prerogative of the authorities competent and the relief is connected with the policy decision and thus the power of judicial review cannot be extended for directing the Government to create additional reservation for women, more specifically in uniformed services. This being the factum, the relief as such sought for deserves no merit consideration and stands dismissed. No costs. 07.11.2022 mrn Index : Yes / No Speaking order / Non-Speaking order To

1. The Secretary, Home Department, The State of Tamil Nadu Fort. St. George, Chennai.

2. The Director General of Police, Mylapore, Chennai - 4.

3. The Chairman, Tamil Nadu uniformed Service Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 8.

S.M.SUBRAMANIAM, J.

mrn W.P.No. 23608 of 2016 07.11.2022