S.Sathya v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2015 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P. Nos.27985, 27986, 27988 and 27989 of 2015 S.Sathya .. Petitioner in WP.27985/2015 S.Ganesan .. Petitioner in WP.27986/2015 C.Rajesh .. Petitioner in WP.27989/2015 C.Muthaiah .. Petitioner in WP.27988/2015 -vs1.Government of Tamil Nadu, Rep. By Secretary to Govt., Home (Police IV) Dept., Secretariat, Chennai.

2.The Director General of Police / Chairman, Tamilnadu Uniformed Services Recruitment Board, Anna Salai, Chennai.

3.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

.. Respondents in all WPs.

Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the second respondent to provide the suitable marks to the petitioners in view of the petitioners' affidavits and representations dated 27.08.2015, 29.08.2015, 26.08.2015 and 26.08.2015 respectively.

For Petitioners :

Mr.A.Esakkiappan For Respondents :

Mr.P.H.Aravindh Pandian Addl. Adv. Genl., assisted by Mr.S.T.S.Murthy, Govt. Pleader and and V.R.Kamalanathan, A.G.P.

C O M M O N O R D E R (Order of the Court was made by The Hon'ble Chief Justice) The four petitioners took the written examination conducted for recruitment as Sub-Inspectors of Police in pursuance to notification dated 08.02.2015 and were not above the cut-off marks. The petitioners now seek to claim that there were certain wrong key answers, and that they are entitled to additional marks. 2.Learned Additional Advocate General states that the key answers were published on 28.05.2015 and thereafter giving one week's time to make any objection, the second key answers were published on 18.07.2015. The petitioners did not avail of the opportunity nor filed any objection.

3.On completion of the written examination, Physical Endurance Tests were held on 3rd, 4th and 5th of August, 2015 and from 03.09.2015, even Viva Voce has commenced. It is only on 27.08.2015, 29.08.2015, 26.08.2015 and 26.08.2015 respectively, the petitioners have made representations and as there was no response, now seek to approach this Court after gross delay and laches and as an after thought. 4.In such matters of examination, delay and laches would be fatal. In fact, we have adopted a consistent practice in this behalf and we had passed similar orders holding so.

5.Writ Petitions are, thus, dismissed. No costs. Connected MPs are closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar sra To 1.The Secretary to Govt., of Tamil Nadu, Home (Police IV) Dept., Secretariat, Chennai.

2.The Director General of Police / Chairman, Tamilnadu Uniformed Services Recruitment Board, Anna Salai, Chennai.

3.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

1 cc to Mr.A.Esakkiappan , Advocate Sr.No.49493 W.P.Nos.27985, 27986, 27988 and 27989 of 2015 ggk(co) pmk.30.9.3015