Ezhilarsi Rizone, v. Union Of India

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 14.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM W.P.Nos.28895 & 28896 of 2015 and M.P.No.1 of 2015 Ezhilarassi Rizone

...Petitioner in W.P.28895/15

Leema Rizone

...Petitioner in W.P.28896/15

Vs.

1. Union of India, Rep. by its Chief Secretary, Government of Puducherry, Chief Secretariat, Pondicherry.

2. The Inspector of Police, O/o. The Inspector General, Police Head Quarters, Pondicherry.

3. The Superintendent of Police, Head quarters Pondicherry Police Department, Pondicherry.

4. The Registrar, Central Administrative Tribunal, Chennai Bench, Chennai

...Respondents

Common Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India, praying for a writ of mandamus, directing the 4th respondent to dispose of O.A.Nos.1241 & 1240 of 2015, within a time frame.

For Petitioners : Mr.B.Balavijayan COMMON ORDER (Order of the Court was made by S.MANIKUMAR, J.) Prayer sought for in both the writ petitions, is for a direction to the Central Administrative Tribunal, Madras Bench to dispose of O.A.Nos.1241 & 1240 of 2015, within a time frame

2. In support of the prayer sought for Mr.B.Balavijayan, learned counsel for the petitioners contended that after completion of Standard X, both the petitioners have studied two years ITI Course and thus, the said qualification ought to have been treated as equivalent to +2 qualification, prescribed for the post of Police Constable (Women). Before the Central Administrative Tribunal, Madras Bench, the petitioners have sought for a direction to respondents therein to permit them to participate in the written test scheduled on 06.09.2015 and in the selection process, pursuant to the notification dated 05.12.2014 issued by the Superintendent of Police, Head Quarters, Puducherry.

3. Mr.B.Balavijayan, learned counsel for the petitioners further submitted that though, in some other applications, Central Administrative Tribunal, Madras Bench, has directed the respondents therein to permit the applicants to participate provisionally in the written examination for the post of Police Constable IR Battalion, held on 06.09.2015, subject to the out come of the original applications, and further directed that the results thereof shall be kept in a sealed envelop, such directions were not issued to the writ petitioners herein and in the abovesaid circumstances, filed writ petitions for a mandamus directing the Central Administrative Tribunal, Madras Bench to dispose of O.A.Nos.1241 and 1240, respectively, within a time frame.

4. Merely because, interim orders were not granted to the petitioners as done in case of others, mandamus cannot be issued to Central Administrative Tribunal, Madras Bench to dispose of O.A.Nos.1241 & 1240 of 2015, respectively. Depending upon the nature of the relief sought for, and urgency, Courts/Tribunals take up the petitions for passing necessary orders. Therefore, the Writ petitions are dismissed and liberty is given to the petitioners to request the

Central Administrative Tribunal, Madras Bench to take up the Original Applications, if so advised. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ars To

1. The Chief Secretary, Union of India, Government of Puducherry, Chief Secretariat, Pondicherry.

2. The Inspector of Police, O/o. The Inspector General, Police Head Quarters, Pondicherry.

3. The Superintendent of Police, Head quarters Pondicherry Police Department, Pondicherry.

4. The Registrar, Central Administrative Tribunal, Chennai Bench, Chennai W.P.Nos.28895 & 28896 of 2015 LRS (CO) PSI (08.10.2015)