A.Prabaharan, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.28660 of 2017 A.Prabaharan .. Petitioner -vs1. The Chairman Tamil Nadu Uniformed Services Recruitment Board Old Commissioner of Police Office Campus Egmore Chennai 600 008
2. The Member Secretary Tamil Nadu Uniformed Services Recruitment Board Egmore Chennai 600 008 .. Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to give a post of Jail Warder or Fireman to the petitioner in the common recruitment for the posts of Grade II Police Constable Jail Warder and Fireman for the year 2017 in advertisement No.117 based on the representation of the petitioner dated 17.10.2017 within a time frame that may be fixed by this Hon'ble Court.
For Petitioner :: Mr.A.S.Vijayaraghavan for Mr.K.Murugesan For Respondents :: Mr.K.Venkataramani Additional Advocate General assisted by Mr.V.Jayaprakash Narayanan Special Government Pleader
ORDER
This writ petition has been filed seeking a mandamus, directing the first respondent to give posting order as Jail Warder or Fireman to the petitioner in the common recruitment for the posts of Grade II Police Constable, Jail Warder and Fireman for the year 2017 in advertisement No.117 based on the
representation of the petitioner dated 17.10.2017 within a time frame that may be fixed by this Hon'ble Court.
2. After some arguments, the learned counsel for the petitioner submitted that when the petitioner successfully cleared the written examination securing 52 marks out of 80 marks, he was subsequently called for physical efficiency test. In the physical efficiency test, he secured 15 marks out of 15 marks, thereby he totally secured 67 marks out of 95 marks. As he belongs to MBC and also studied M.A.(English), after passing the Higher Secondary Course in Tamil medium, he is entitled to be brought under the Tamil medium priority category. Since he has enclosed the original mark statements, for the reason best known to them, the respondents have not shown his name in the provisional selection list. As the petitioner is coming within the zone of consideration, a direction may be issued, he pleaded.
3. A detailed counter affidavit has been filed by the respondents.
Referring to paragraph-12 of the counter affidavit, the learned Additional Advocate General for the respondents fairly submitted that the respondents have come forward to include the petitioner in the PSTM list and consider his case for the further process of selection, which includes medical examination and police verification. The learned Additional Advocate General also submitted that the first batch of recruits has already been sent for training, however, the petitioner will be sent for training in the next batch.
4. In the light of the stand taken by the respondents in paragraphs-11 to 13 of the counter affidavit and recording the statement made by the learned Additional Advocate General, the respondents are directed to include the petitioner in the PSTM list and further process his selection, namely, for medical examination and police verification and also issue the appointment order to the petitioner and send him for training in the next batch. With this observation, the writ petition is disposed of accordingly. Consequently, W.M.P.No.30842 of 2017 is closed. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ss
To
1. The Chairman Tamil Nadu Uniformed Services Recruitment Board Old Commissioner of Police Office Campus Egmore, Chennai 600 008
2. The Member Secretary Tamil Nadu Uniformed Services Recruitment Board Egmore, Chennai 600 008 +1cc to Mr.K.Murugesan, Advocate, S.R.No.92349 +1cc to the Government Pleader, S.R.No.92519 W.P.No.28660 of 2017 nri(co) CS/19/01/18