V.Kannan v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.29811 of 2019 and W.M.P.No.29709 of 2019 V.Kannan .. Petitioner .Vs.

The Chairman, Tamilnadu Uniformed Service Recruitment Board, Egmore, Chennai - 600 007.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to include the petitioner in the Provisional Selection List for Common Recruitment for the post of Grade-II Police Constable, Grade-II jail Warden and Fireman 2019 based on the petitioner's representation dated 11.10.2019 and consequently to direct the respondent to permit the petitioner to participate in the Physical Measurement Test/Physical Efficiency Test/Physical Examination Test. For Petitioner : Mr.K.S.Thiyagarajan For Respondent : Mr.V.Kadirvelu Special Government Pleader

O R D E R

The prayer sought for in the Writ Petition is to direct the respondent to include the petitioner in the Provisional Selection List for Common Recruitment for the post of Grade-II Police Constable, Grade-II jail Warden and Fireman 2019 based on the petitioner's representation dated 11.10.2019 and consequently direct the respondent to permit the petitioner to participate in the Physical Measurement Test/Physical Efficiency Test/Physical Examination Test.

2.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the petitioner is that the petitioner participated in the selection process for the post of Grade-II Police Constable, Grade-II Jail Warden and Fire Man towards the vacancies for the year 2019-2020. As per the Notification No.1/2019 dated 06.03.2019, the petitioner sent an application https://hcservices.ecourts.gov.in/hcservices/

through online and the same was accepted by the respondent. Though the petitioner was provisionally selected and secured 54 marks, he waited for the call for the Physical Test. In the meanwhile, the respondent released the marks status on 04.10.2019. Then immediately the petitioner checked his mark details and in the mark status, it was stated that his name was rejected on the ground of not uploading the SSLC pass proof certificate and the said rejection order was informed to him through E-Mail, which was sent to his brother's E-Mail ID and thereafter due to lack of internet facility, immediately he was not able to respond. Therefore, the petitioner made a representation on 11.10.2019 to the respondent explaining the inability to upload the SSLC mark sheet on the relevant point of time. However, till date the representation was not considered by the respondent. Hence, the petitioner has come out with the present Writ Petition.

4.Mr.K.S.Thiyagarajan, learned counsel for the petitioner would submit that it would be suffice to issue direction to the respondent to consider the representation sent by the petitioner on 11.10.2019 and pass orders on the same on or before 31.10.2019, since the Physical Examination Test is going to be conducted on 01.11.2019.

5.Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the respondent to consider the representation sent by the petitioner on 11.10.2019 and pass orders on the same on merits and in accordance with law, on or before 31.10.2019. 6.With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

krk Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Chairman, Tamilnadu Uniformed Service Recruitment Board, Egmore, Chennai - 600 007.

+1cc to Mr.Muniyapparaj, Advocate, SR.No.87898 W.P.No.29811 of 2019 Kak(23/10/2019) https://hcservices.ecourts.gov.in/hcservices/