C.Sathish Kumar, v. The Home Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2017
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.6735 of 2012 C.Sathish Kumar ... Petitioner Vs 1.The Home Secretary Secretariat Fort St.George Chennai 600 009.
2.The Director General of Police Tamil Nadu Police Head Quarters Kamarajar Salai Chennai 600 005.
3.The Chairman Tamil Nadu Uniformed Service Recruitment Board Chennai 2.
.. Respondents PRAYER: Writ Petitions filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to relax the maximum age limit for applying in the forthcoming Police Selection for petitioner who has been affected by the Government circular dated 14.05.2008. For Petitioner : Mr.R.Neelakandan For Respondents : Mrs.K.Bhuvaneswari Government Advocate
O R D E R
The relief sought for in this writ petition is for a direction to direct the respondents to relax the maximum age limit of the petitioner for applying in the forthcoming Police Selection, which has been effected by the Government Circular dated 14.05.2008.
2. This Court is of the firm opinion that relaxation of age for selection to any post can never be claimed as a matter of right. Relaxation can be granted by the State only to mitigate
the injustice caused if any. The recruitment Rules in force have to be followed strictly while conducting the process of selection by the Competent Authorities.
3. The relief sought for in this writ petition is to relax the age limit fixed by the Competent Authorities in the forthcoming Police Selection. Such, a claim of the writ petitioner cannot considered. Relaxation of age, educational qualification and other categories for selection is the administrative prerogative power of the employer and the candidates, who have participated in the process of selection cannot claim any relaxation in respect of age or educational qualification or otherwise.
4. The process of selection can be challenged only on limited grounds and a writ petition can be entertained, if there are any irregularities, illegalities and mal-practices found during the conduct of selection process. The judicial review by the Courts in respect of the selection process is limited.
5. Thus, this Court is not inclined to consider the grounds set out in this writ petition in respect of the claim of the writ petitioner seeking age relaxation.
6. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. /sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar dna To 1.The Home Secretary Secretariat Fort St.George Chennai 600 009.
2.The Director General of Police Tamil Nadu Police Head Quarters Kamarajar Salai Chennai 600 005.
3.The Chairman Tamil Nadu Uniformed Service Recruitment Board Chennai 2.
+1 CC to Govt., Pleader , Sr.No. 74770 W.P.No.6735 of 2012 ths: 30/11/2017