E.Pandiyan, (Dob-15.06.91) v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08-08-2017
CORAM:
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.3332 to 3334, 3252, 3253, 3596, 3597, 3649, 3696, 3697, 5783, 6508, 8739, 4207, 4273 and 4299 of 2017 And WMP Nos.3302, 3303, 3304, 3305, 3306, 3307, 3207, 3208, 3209, 3210 3623, 3624, 3625, 3626, 3681, 3682, 3743, 3744, 3745, 3746, 6183, 6184, 7020, 7021, 9587, 4439, 4440, 4360, 4361 & 4497 of 2017, 4439 & 4440/2017 1.E.Pandiyan 2.P.Vasagan 3.P.Muniyappan 4.M.Raja 5.M.S.Rajan 6.K.Kathiravan 7.M.G.Perumal 8.S.Eneesh 9.E.Gunasekaran 10.R.Gurusamy 11.B.Vivek Kumar 12.L.Sadam Hussain 13.S.Anandhkumar 14.C.Ganeshkumar 15.K.Arun .. Petitioners in WP 3332/2017 1.M.Neelamegam 2.T.Rajkumar 3.R.Sathish 4.R.Suresh 5.A.Amaran 6.S.Manikandan 7.V.Ganapathi 8.S.Rajavel .. Petitioners in WP 3333/2017 1.G.Arjuna Kumar 2.P.Saravanan 3.U.Velu 4.Bakkiyavathi .. Petitioners in WP 3334/2017 Mr.S.Nesamani .. Petitioner in WP 3252/2017 R.Malarkodi .. Petitioner in WP 3253/2017
1.G.Nithyavathi 2.M.Karunakaran 3.P.Nagaraj 4.D.Sathish Kumar 5.P.Suguna 6.E.Muthukrishnan 7.A.G.Yuvaraj 8.B.Kamal .. Petitioners in WP 3596/2017 1.G.Varadharajan 2.S.Selvarasu 3.G.Prakash 4.N.Ashok Kumar 5.G.Chandran 6.M.Thailanathan 7.V.Sakthivel 8.Govindaraj .. Petitioners in WP 3597/2017 A.Kaleel .. Petitioner in WP 3649/2017 1.B.Venkatesh, 2.G.Selvam 3.T.Gopinath 4.T.Reegan 5.S.Ajesh 6.R.Palanikumar 7.S.Loganathan 8.K.Raju 9.T.Veeramanikandan 10.I.Chenthilkumar 11.S.Lakshman Sundaram 12.R.Nagaraj 13.C.Muralidharan 14.P.Thavakumar 15.P.Ponnusamy .. Petitioners in WP 3696/2017 1.J.Prabakaran 2.K.Kandasamy 3.D.Suresh 4.R.Veeramanivasakar 5.A.Mani 6.A.Ganapathy 7.R.Rajendran 8.A.Anbarasan 9.N.Rajkumar 10.N.Mohankumar 11.E.Jaiganesh 12.J.Rajakrishnan 13.M.Sakthivel 14.R.Vadivel
15.R.Parthasarathy ..
Petitioners in WP 3697/2017 M.Prabagaran ..
Petitioner in WP 5783/2017 1.P.Arasu 2.P.Samuel Paul 3.G.M.S.Zabeer Hussain 4.G.Venkatesan 5.K.Ragul Kumar 6.P.Tamizhvendan 7.A.Karthikeyan 8.R.Ramesh ..
Petitioners in WP 6508/2017 1.Ramesh 2.J.Sujithkumar 3.B.Saravanan 4.R.Bramanidhi 5.V.Antonykumar 6.S.Kalangarayan ..
Petitioners in WP 8739/2017 1.K.Vigneshkumar 2.G.Hanumanthan 3.R.Srinivasan 4.Arthi Rajan 5.M.Vignesh 6.L.Manikandan 7.C.Deepan 8.R.Thirupathi 9.S.Ranganathan 10.G.Selvaraj 11.G.Srithar 12.N.Nikesh 13.M.Sasikumar 14.S.Regin 15.P.Manikandan ..
Petitioners in WP 4207/2017 S.Rajesh ..
Petitioner in WP 4273/2017 A.Arulpandiyan ..
Petitioner in WP 4299/2017 vs.
1. The Secretary to Government, Home (Police) Department, Chennai-9.
2. The Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai-8. (Respondent R1 & R2 in Wps.3332 to 3334/17 in R1 3252, 3253, 3696, 3697, 5783, 6508, 8739 & 4207/17)
3. The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai-8.
.. R3 in Wps 3332 to 3334, 3252, 3253, 3696, 3697,5783, 6508, 8739 & 4207/2017 The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-4 .. R2 in Wps.3252 & 3253 of 2017
1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Department of Home Affairs (Police), Secretariat, Chennai-600 009.
2. The Tamil Nadu Uniform Services Recruitment Board, Rep. by its Member Secretary, Egmore, Chennai-600 008... Respondents in WPs 3596&3597/2017
1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.
2. The Secretary, Home Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.
3. The Secretary, Finance Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.
4. The Secretary, Police Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.
5. The Director of Police/President, Tamil Nadu Seerudai Paniyalar Thervy Kuzhumam, Egmore, Chennai-600 008.
6. The Member Secretary, Tamil Nadu Seerudai Paniyalar Thervu Kuzhumam, Chennai-600 008.
.. Respondents in WP 3649 & 4299/2017
1. The Chairman, The Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Old COP Office Campus, Pantheon Road, Egmore, Chennai-600 008.
2. The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old COP Office Campus, Pantheon Road, Egmore, Chennai-600 008.
..
Respondents in WP 4273/2017 WPs 3332, 3333, 3334, 3696, 3697, 5783 & 4207/2017 are filed under Article 226 of the Constitution of India, praying for the issue of Writs of Certiorarified Mandamus, calling for the records in connection with the impugned order passed by the third respondent in Advertisement No.117 dated 23.1.2017 and to quash clause XI and XXIV of the impugned order and further direct the respondents to fix the age limit as per rule or in alternate to relax the upper age limit for Grade II PC, JW and Fireman-2016.
WPs 3252&3253/2017 are filed under Article 226 of the Constitution of India, praying for the issue of Writs of Certiorarified Mandamus, calling for the records pertaining to the Notification dated 23.1.2017 bearing Advertisement No.117 issued by the third respondent calling applications for
selecting candidates for the post of Grade II Police Constables, Jail Warders and Firemen through Common Exam-2017 and to quash the same and further to direct the respondents to fix the cutoff date for age limit as on date of Notification i.e., 23.1.2017. WPs 3596&3597/2017 are filed under Article 226 of the Constitution of India, praying for the issue of Writs of Certiorarified Mandamus, calling for the records relating to the impugned recruitment notification issued by the second respondent dated 23.1.2017 vide Advertisement No.
117 and quash the same in so far as age qualifications prescribed in Clause XI of the said notification being illegal, arbitrary and in violation of Articles 14 and 16 of the Constitution of India and consequently to direct the respondents to give age relaxation to the post of Constable Grade II/Grade II Jail Warders/Firemen2017 and consider the candidatures of the petitioners. WP 3649&4299/2017 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Notification for the recruitment of Constables dated 23.1.2017 and in Advertisement No.117 Exam Notification No.
1, General Examination, 2017 respectively and quash the same in so far as it relates to the upper age to the tune of 26 years for BCs, BCMs, MBCs and Seermarabinars and direct the BC, BCM, MBC and Seermarabinar persons who are of the 28 years to apply for the Post of II Grade Constables and other posts in consequence of Notification dated 23.1.2017 issued by the sixth respondent. WP 6508/2017 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the third respondent in the Uniformed Services Recruitment Notification dated 23.1.2017 and quash the same in so far as it is concerned with the age limit condition prescribed in Clause XI(3) of the impugned notification.
WP 8739/2017 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration, declaring the cutoff date for upper age limit for appointment to the post of Grade-II Police Constables (AR & TSP), Jail Warder and Fireman for the year 2016 as 1st July 2017 as null and void and further declare the cutoff date for upper age limit for appointment to the post of Grade-II Police Constables (AR & TSP), Jail Warder and Fireman for the year 2016 as 1st July 2016 as per the Special Rules for Tamil Nadu Subordinate Service and further direct the respondents to permit the petitioners to participate in the selection process.
WP 4273/2017 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified
Mandamus, calling for the records namely the Notification and quash the Notification vide Advertisement No.117, Exam Notification No.1, General Exam-2017 issued by the second respondent and issue a fresh Notification by incorporating the maximum age as per the 2011 Notification as Most Backward Category (MBC Community) as 28 years and Scheduled Caste and Scheduled Tribes (SC/ST Community) as 30 years there by making eligible for several aspirants waiting to join the Uniform Police Force pending since 2011 without any recruitment. For Petitioner in WPs 3332, 3333, 3334, 8739,3696, 3697 & 4207/2017: Mr.S.Sivakumar For Petitioner in WPs 3252 & 3253/2017 : Mr.K.J.Saravanan For Petitioner in WPs 3596 & 3597/2017 : Mr.K.Balu For Petitioner in WPs 3649 & 4299of 2017 : Mr.T.Sivagnanasambandan For Petitioner in WP 5783 of 2017 : Mr.G.Bala for M/s.G.Bala and Daisy.
For Petitioner in WP 6508 of 2017 : Mr.R.Dhamodaran For Petitioner in WP 4273 of 2017 : Mr.S.Sundar For Respondents in all WPs : Mr.K.Venkataramani, Additional Advocate General VII Assisted by Mr.K.Dhananjayan, Special Government Pleader.
COMMON ORDER In view of the submissions made that all the writ petitioners are over aged, the writ petitioners were not allowed to participate in the process of selection. Thus, no further adjudication needs to be entertained on the grounds raised by
the writ petitioner in these writ petitions. In this view of the matter, all the writ petitions stand closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Svn To
1. The Secretary to Government, Home (Police) Department, Chennai-9.
2. The Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai-8.
3. The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai-8.
4. The Principal Secretary, Government of Tamil Nadu, Department of Home Affairs (Police), Secretariat, Chennai-600 009.
5. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.
6. The Secretary, Finance Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.
7. The Secretary, Police Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.
8. The Director of Police/President, Tamil Nadu Seerudai Paniyalar Thervy Kuzhumam, Egmore, Chennai-600 008.
9. The Member Secretary, Tamil Nadu Seerudai Paniyalar Thervu Kuzhumam, Chennai-600 008.
10.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.
+1cc to M/s.G.Bala and Daisy., Advocate, S.R.No.57796 +11cc to the Government Pleader, S.R.No.58155 to 58160, 58341 to 58345.
W.P.Nos.3332 to 3334, 3252, 3253, 3596, 3597, 3649, 3696, 3697, 5783, 6508, 8739, 4207, 4273 and 4299 of 2017 RV(CO) CS/29/08/17