K.Jayanthi v. The Tamil Nadu Uniformed Services
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.19990 of 2021 K.Jayanthi
...Petitioner
Vs The Tamil Nadu Uniformed Services Recruitment Board(USRB), Rep. by its Member Secretary, Egmore, Chennai-600 008.
...Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondent to select and appoint the petitioner as Grade-II Police Constable or Grade-II Jail Warden based on her provisional selection list issued by the respondent. For Petitioner :
Mr.M.R.Jothimanian for Mr.K.Balu For Respondent :
Mr.L.S.M Hasan Fizal, Government Advocate.
O R D E R
The petitioner-widow, has filed an application in the Recruitment proceedings of the respondent for being appointed as a Grade II Police Constable under the category of destitute. While uploading the application for the aforesaid post, the petitioner had enclosed a copy of the Widow Certificate issued by the Revenue Divisional Officer/Sub Collector. Before applying for the post, the petitioner had approached the Tahsildar for Destitute Widow Certificate but it has been granted to the petitioner only on 11.08.2021.
2.The petitioner was qualified in the written test and PET and was called for Certificate Verification. During certificate verification, it was found that the petitioner had not enclosed the Destitute Widow Certificate and therefore the petitioner's candidature was rejected.
3. After the petitioner obtained the Destitute Widow Certificate on 11.08.2021, the petitioner had sent a representation dated 13.09.2021 with a request to the respondents to consider her for being appointed against the quota reserved for Destitute Widow.
4.It is the case of the petitioner that the petitioner's husband passed away on 11.03.2018 and she is supporting two minor children alone and therefore she is entitled to be considered in the recruitment proceedings that has been carried out by the respondent.
5. The learned counsel appearing for the respondent submits that the petitioner had not enclosed the Destitute Widow Certificate along with the application shows that the petitioner was not entitled to participate in the recruitment proceedings.
6. It is further submitted that the petitioner can participate only against Widow category and the petitioner was barred by age. The facts on record indicate that the petitioner was one of the persons who was provisionally selected and secured more marks in the exams.
7. Considering the facts of the case that the petitioner had cleared the exams and obtained the Destitute Widow Certificate on 11.08.2021, which is about 6 days after the disqualification and the petitioner has also sent a representation dated 13.09.2021 to the respondent to reconsider the decision taken on 05.08.2021. The case of the petitioner deserves to be considered sympathetically as she was otherwise qualified.
8. Therefore, this writ petition is disposed of by directing the respondent to consider the Destitute Widow Certificate dated 11.08.2021 of the petitioner though obtained post facto. If the petitioner was entitled to be considered for being appointed, the respondent shall proceed with the recruitment and absorb the petitioner.
9. This writ petition stands disposed of with the above observation. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar drl/mka To The Member Secretary, The Tamil Nadu Uniformed Services Recruitment Board(USRB) Egmore, Chennai-600 008.
+1cc to Mr.K.Balu, Advocate SR.No.47603 +1cc to the Government Pleader SR.No.47848 W.P.No.19990 of 2021 RLD(CO) RVM(12/10/2021)