V.Subramania Siva v. The Member Secretary

W.M.P.No.22985 of 2023 in W.P.No.19105 of 2020 D.KRISHNAKUMAR, J.

Seeking to clarify paragraph 9 of the order dated 27.07.2022 made in W.P.No.19105 of 2020, the present petition has been filed.

2. Mr.V.Prakash, learned senior counsel for the petitioner submits that the writ petitioner's selection was cancelled by the respondent Board on 23.03.2020, which was put to challenge before this Court in W.P. No.19105 of 2020. By order dated 27.02.2022, this Court has rejected the relief sought for by the petitioner for the reason that at the time of considering the petitioner for selection, the criminal case in Crime No.537 of 2019 was pending and subsequently the aforesaid criminal case ended in acquittal on 27.02.2020. This Court also observed that if the petitioner is otherwise eligible, he can be considered for next selection as per Rule 14(2) sub-rule (b)(iv) of the Special Rules for the Tamil Nadu Special Police Subordinate Service Rules, 1978. Learned senior counsel further submitted that the petitioner applied again for the post of Police Constable Grade II pursuant to the Notification No.1/2020 and he got selected. But he has not been issued with any appointment order since at the time of passing the order under

clarification, it was not brought to the notice of this Court by the respondents as to what does the next selection mean.

3. Learned Additional Advocate General for the respondents fairly submitted before this Court that 3359 vacancies are still available and the Board has also issued notification for filling up those vacancies.

4. Learned Additional Advocate General further submits that as per the recruitment process, the petitioner's name will be included in the selection list for the year 2023 and after following necessary procedure, the petitioner will be considered for appointment to the post of Police Constable Grade II.

5. Considering the fact that large number of vacancies are still available and the petitioner has already been selected to the post of Police Constable Grade II pursuant to the notification for the year 2020, the respondents are directed to comply with the directions issued by this Court vide order dated 27.07.2022 by considering the selection held for recruitment - 2020 as next selection. We make it clear that if the petitioner is otherwise eligible for consideration for appointment to the post of Police Constable

Grade II for the year 2023, his name shall be considered and appropriate decision shall be taken within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this miscellaneous petition stands closed.

01.12.2023 mmi

D.KRISHNAKUMAR, J.

mmi W.M.P.No.22985 of 2023 in W.P.No.19105 of 2020 01.12.2023