R. Suresh v. The Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.2764 of 2018 R. Suresh .... Petitioner vs
1. The Chief Secretary,
2. The Secretary, Home Department,
3. The Secretary, Finance Department,
4. The Secretary, Police Department,
5. The Director of Police/President, Tamil Nadu Seerudai Paniyalur Thervu Kuzhumam, Egmore, Chennai - 600 008
6. The Member Secretary, Tamil Nadu Seerudai Paniyalar, Thervu Kuzhumam, Chennai - 600 008.
.... Respondents
Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Writ of Certiorarified Mandamus to call for the records pertaining to the Notification for the recruitment of constables issued by the sixth respondent dated 28.12.2017, Examination Code No.2, Advertisement No.217 in the Tamil Newspaper Daily Thanthi and quash the same insofar as it relates to the upper age to the tune of 26 years for BCs, MBCs and Seermarabinars and direct the fifth respondent to accept BC, MBC and Seermarabinar persons who are 28 years to apply for the post of second grade constables and other posts in consequences of Notification dated 28.12.2017 issued by the sixth respondent.
For Petitioner :: Mr.T. Sivagnanasambandan For respondents :: Mr.V. Kadhirvelu Spl.Government Pleader
ORDER
The petitioner, who has got an aspiration to join in the Police Department, is waiting to apply for the post of Constable. In the meanwhile, the sixth respondent viz,The Member Secretary, Tamil Nadu Seerudai Paniyalar Thervu Kuzhumam issued a Notification No.217 dated 28.12.2017 inviting applications from the eligible candidates for the post of Constables and other posts, fixing the last date for submission of the application as 22.12.2017. Since the petitioner was born on 07.05.1991 and he is overaged as per the age and qualification fixed for the interview, he is unable to apply. Even he applied on-line indicating his overage which would not be accepted. In the State of Telengana, the upper age limit or recruitment of II grade Constable is 28 years, whereas, in the State of Tamil Nadu, the age limit has been fixed as follows. S.N o Category Youth Brigade recruited in the year 2013
Present
Notification 28.12.2017 Age (after youth brigade given conversion to regular police) General 25 years 24 years 27 years BC, MBC, Seermarabinar 27 years 26 years 29 years SC 30 years 29 years 32 years Height -
S.N o Category Youth Brigade recruited in the year 2013
Present
Notification 28.12.2017 Age (after youth brigade given conversion to regular police) Chest - Since the petitioner has got required physical measurements, if a direction is issued to accept his on-line application, without considering his age qualification, no prejudice would be caused to the respondents.
2.
This prayer is hit by delay and laches. This Court is not inclined to entertain the writ petition. The reason is that in the Notification No.217 dated 28.12.2017 issued by the sixth respondent, last date was fixed for submitting the application was 22.12.2017. Unfortunately, the petitioner, who was blaming himself that he was overaged before issuance of Notification for the post of Constable has slept over the matter by not filing the present writ petition well in advance before expiry of the last date i.e, 22.12.2017.
3.
This Court, holding the petitioner as guilty of laches, is not inclined to entertain the writ petition. 4.
In the result, the writ petition is dismissed. No costs.
Sd/- Assistant Registrar(CS VII ) //True copy// Sub Assistant Registrar sr To
1. The Chief Secretary,
2. The Secretary, Home Department, Government of Tamil nadu,
3. The Secretary, Finance Department,
4. The Secretary, Police Department,
5. The Director of Police/President, Tamil Nadu Seerudai Paniyalur Thervu Kuzhumam, Egmore, Chennai - 600 008
6. The Member Secretary, Tamil Nadu Seerudai Paniyalar, Thervu Kuzhumam, Chennai - 600 008.
+1cc to Government Pleader SR.No.10964 W.P.No.2764/2018 GN(27/02/2018)