P.Mathanasundar, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.16683 of 2010 P.Mathanasundar ... Petitioner Vs.

1. The Secretary to Government, Home (Police) Department, Fort St.George, Chennai - 600 009.

2. The Director General of Police/Chairman, Tamil Nadu Uniformed Services Recruitment Board, Anna Salai, Chennai - 2.

3. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to add three marks to the petitioner for the disputed questions for recruitment of Sub-Inspector of Police (Men - open quota) 2006 and further direct the respondents to select and appoint the petitioner as SubInspector of Police under 80% open candidates quota and fix the appropriate place in the selection and grant all consequential service and monetary benefits to the petitioner. For Petitioner : Mr.S.Sivakumar For Respondents : Mr.R.Vijaya Kumar Additional Government Pleader

O R D E R

The petitioner filed this writ petition seeking for a direction against the second respondent to add three marks to the writ petitioner for the disputed questions for recruitment to the post of Sub-Inspector of Police, 2006 and further direct

the respondents to select and appoint the petitioner as SubInspector of Police under 80% Open Candidates Quota.

2. The learned counsel for the petitioner made a submission that the writ petitioner participated in the process of selection for appointment to the post of Sub-Inspector of Police, in the year 2006. The petitioner had successfully performed and due to the erroneous questions in the written examination, he was deprived of gaining three marks in the written examination and the same resulted in non selection.

3. The learned Additional Government Pleader, at this juncture brought to the notice of this Court that the petitioner secured 15.00 marks in Physical Efficiency Test, 53.00 marks is Written Test, 2 marks in viva, totalling 70 marks. The petitioner belongs to Backward Class Community and the cut off marks for Backward Community under 80% open quota, is 74 marks. Since, the petitioner did not secured the required cut off marks under 80% open quota, he was not selected for recruitment to the post of Sub-Inspector of Police for the year 2006. It is further stated that even in case of awarding three marks to the writ petitioner for three disputed questions, his total marks would be 73 and again the same will be below the required cut off marks.

4. Thus, this Court is of the opinion that no further adjudication in respect of the other grounds raised in this writ petition deserve to be considered, in view of the fact that even if the disputed three marks are granted to the writ petitioner, the total marks falls below the required cut of marks in the particular selection.

5. In this view of the matter no further adjudication is required in this writ petition. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary to Government, Home (Police) Department, Fort St.George, Chennai - 600 009.

2. The Director General of Police/Chairman, Tamil Nadu Uniformed Services Recruitment Board, Anna Salai, Chennai - 2.

3. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

+1cc to Government Pleader Sr.No.82870 W.P.No.16683 of 2010 sm:13.12.2017