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Madras High CourtWP/6860/2015dismissed

T.Muruganandam v. Tamil Nadu Uniformed Services

2015-03-11Honourable Mr Justice K.K. Sasidharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.No.6860 of 2015 & M.P.Nos.1 to 3 of 2015 T. Muruganandam

...Petitioner

-Vs1. Tamil Nadu Uniformed Services Recruitment Board Rep. by its Member Secretary Chennai-600 002.

2. State of Tamil Nadu Rep. by its Secretary Home Department Fort St. George Chennai-600 009.

...Respondents

Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records from the respondents 1 and 2 relating to Recruitment Notification No.1/2015 (Advertisement No.1/15) dated 08.02.2015 issued by the first respondent and quash the same insofar as it mentions 1.7.2015 as the date for considering the age criteria and not the date of the notification viz., 8.2.2015 as arbitrary, discriminatory and consequently direct the respondents 1 and 2 to include and consider the petitioner also in the selection process, issue appointment w.e.f. the date on which the other candidates who were considered under the said notification together with the service, monetary and other benefits.

For Petitioner : Mr.S. Saravanakumar

ORDER

The notification issued by the Tamil Nadu Uniformed Services Recruitment Board, Chennai dated 8 February 2015 is challenged in this writ petition on the ground that cut off date was prescribed in an arbitrary manner.

2. The Tamil Nadu Uniformed Services Recruitment Board issued the impugned notification calling for applications for appointment to the post of Sub Inspector of Police. The impugned notification shows that the applicant should have attained the age of 20 years and should not be above 28 years as on 1 July 2015. The upper age relaxation is given to various categories. The petitioner belongs to Adi Dravida Community and as such he is eligible to apply up to 33 years. The petitioner would qualify for making application in case the date of notification is taken as the cut off date.

3. The petitioner now wanted the impugned notification to be quashed insofar as the age criteria is concerned. The cut off date is common for everybody. It would apply to the general candidate as well as reserved candidates. There is no regulation which mandates that the cut off date should be the date of notification. The petitioner crossed 33 years as on 1 July 2015. He is therefore not eligible to make an application for appointment.

4. The first respondent has prescribed 1 July 2015 as the cut off date for the purpose of age and educational qualification. The petitioner is over aged. I therefore do not find any merit in the contention taken by the petitioner.

5. In the result, the writ petition is dismissed. Consequently, the connected MPs are also dismissed. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar

Tr/ To

1. The Member Secretary Tamil Nadu Uniformed Services Recruitment Board Chennai-600 002.

2. The Secretary State of Tamil Nadu Home Department Fort St. George Chennai-600 009.

1 CC to Mr.S. Saravanakumar, Advocate SR.No. 14225 1 CC to the Government Pleader, SR.No. 13940 W.P.No.6860 of 2015 CNR (CO) PSI (09.04.2015)