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Madras High CourtWP/4495/2016dismissed

N.Suresh v. The Secretary

2016-02-08Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.4495 of 2016 and WMP.No.3830 of 2016 N.Suresh ... Petitioner -Vs1. The Secretary, Tamil Development Department, Secretariat, Chennai-600 009.

2. The Secretary, Personnel and Administrative Reforms Department, Chennai-600 009.

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

4. The Director General of Police, Mylapore, Chennai-600 004.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration declaring the Section 2(a) of The Tamil Nadu Appointment on preferential basis in the services under the State of Persons Studied in Tamil Medium Act, 2010 (PSTM ACT) applicable to departmental quota candidate and consequently directing the third respondent to appoint the petitioner for the post of Sub Inspector of Police (Taluk) (Men and Women) 2015 Notification No.1/2015 in Advertisement No.1/15, dated 08.02.2015 following recruitment rules.

For Petitioner : Mr.R.Kumaravel For Respondents : Mr.P.H.Arvindh Pandian Additional Advocate General assisted by Mr.STS.Moorthy Government Pleader for Mr.V.R.Kamalanathan Additional Government Pleader for R1 to R4 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The issue relating to the benefit of the education in Tamil is not available to the existing departmental candidates and thus, the declaration sought by the petitioner is not maintainable. This very issue has been examined by us in W.P.No.27005 of 2015 (D.Anbarasan v. The Secretary to Government, Home (Police) Department, Fort St. George, Chennai-9 and others), decided on 08.09.2015.

2. In fact after the petitioner filed the earlier petition, he had withdrawn the same as he wanted to assail the provisions of the Act. There is no challenge laid to the provisions of the Act in the present petition.

3. The present petition is thus one more endeavour by the petitioner to some how get the benefit of promotion having not found eligible in view of the marks obtained by him.

4. The writ petition is dismissed. No costs. Consequently, WMP.No.3830 of 2015 is closed.

Sd/- Assistant Registrar(CS II) //True Copy// bbr Sub Assistant Registrar To

1. The Secretary, Tamil Development Department, Secretariat, Chennai-600 009.

2. The Secretary, Personnel and Administrative Reforms Department, Chennai-600 009.

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

4. The Director General of Police, Mylapore, Chennai-600 004.

+1cc to Mr.R.Kumaravel, Advocate, S.R.No.8106 W.P.No.4495 of 2016 SVI(CO) CA(17/02/2016) https://hcservices.ecourts.gov.in/hcservices/