N.Sethuraman, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2018

CORAM

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P. No.23643 of 2018 and WMP.Nos.27591 & 27592 of 2018 N.Sethuraman ... Petitioner Vs The Chairman, The Tamil Nadu Uniformed Services Recruitment Board (TNUSRB), Old COP Office Campus, Pantheon Road, Egmore, Chennai-600 008.

...respondent PRAYER Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records pertaining to the Memorandum C.No.R3/3393/2018 dated Nil and quash the same and consequently directing the respondent to include the petitioner's name in the provisional selection list as he has passed the written examination and consequently, permit the petitioner to appear for the physical test to be conducted by the respondent at Chennai. For Petitioner : Mr. R.Jagadeesan For Respondent : Mrs.Narmadha Sampath Additional Advocate General Assisted by Mrs.R.Janaki, AGP

O R D E R

It appears that the petitioner had submitted his application for recruitment to the post of Gr-II PC, Jail Warden, Fireman in different wings of Tamil Nadu Police conducted by Tamil Nadu Uniformed Service Recruitment Board. The petitioner while uploading the online application form had not furnished the required community certificate and as such, considered as General Category and wrote the examination and having not secured the cut off mark, not selected for the next round of test i,e physical Eligibility test. The petitioner has now come out with a case that since he belong to priority category of Most Backward Class and also secured the cut-off mark in that category and the non uploading of his community certificate

which he was in possession, was due to technical glitch and as such, the respondent be directed to include him in the provisional list of selection for consideration to the next round of test in the priority category.

2. The learned counsel appearing for the petitioner submits that the petitioner being admittedly belonging to Most Backward Class, so also in possession of such certificate and having applied in that category, he should have been considered in that category and called for certificate verification to participate in the next round of selection. In such premises, the petitioner has made the aforesaid prayer with an interim relief to keep one post vacant in the Most Backward Class Category of common Recruitment 2017-2018, pending disposal of the writ petition.

3.

The learned Additional Advocate General appearing for the respondent submit that the petitioner was given a second chance to upload the certificate, but still the petitioner having not uploaded the required community certificate, he cannot be heard of saying that his non-inclusion in the Most Backward Class category was illegal, arbitrary and as such, he cannot be considered to Most Backward Class Category and hence, the writ petition being devoid of merit and he is not entitled to the interim relief also.

4.

The case of the petitioner is that he belong to Most Backward Class priority category, so also, he had filled up the application being belong to that category. But inspite of chances given, the petitioner could not upload the same. However, the petitioner is residing in a remote area where there is no easy access to Internet and at time technical glitches also occurred, such technical glitches are also frequent in this country.

Therefore, inspite of opportunity given, even if the petitioner had not uploaded, as he is stated to be belonging to the Most Backward Class category and was also in possession of the community certificate on the date of his application, non furnishing of the certificate of the petitioner at the time of application as such cannot be viewed adversely, dis-entitling him to be considered in the Most Backward Class Category to which he belongs particularly when he is a meritorious candidate in that category and inclusion of his name in the provisional list on the basis of minimum cut of marks is not going to adversely affect any other candidature in his category as gathered from the counsel for the respondent.

Therefore, this Court is of the view that this writ petition can very well be disposed of granting the relief to the petitioner without seeking any reply affidavit.

respondent is satisfied of the fact of his possessing the priority category certificate on the date of application and also other required qualification and has secured required cut off marks for inclusion in the provisional list of the said category, to include his name in the provisional list for qualifying for second round of test i,e physical efficiency test. The order having been passed in the presence of the learned counsel appearing for the respondent, the same be communicated to the respondent that this Court has allowed him to participate subject to verification of his community certificate and other qualification and also the qualifying cut off marks in the priority category.

The petitioner may also furnish an affidavit in this regard before the respondent, who on receipt of the same shall act accordingly without awaiting for this order but the petitioner shall produce the order immediately on receipt of the same. However, production of affidavit should not be condition precedent as this Court has already directed the respondent counsel to intimate the order. No costs. Consequently, the connected miscellaneous petitions are closed. However, it is made clear that the petitioner if does not possess the qualification and the community certificate on the date of his application, the same entails rejection of his candidature.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To The Chairman, The Tamil Nadu Uniformed Services Recruitment Board (TNUSRB), Old COP Office Campus, Pantheon Road, Egmore, Chennai-600 008.

W.P. No.23643 of 2018 PA(CO) GSP(03/10/2018)