C.Senthamil Selvan v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.29097 of 2024 C.Senthamil Selvan ... Petitioner Vs.
1.The Director General of Police, No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Tamil Nadu Uniformed Services Recruitment Board, Rep. by its Chairman, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 08.
3.The Tamil Nadu Uniformed Services Recruitment Board Sub Committee, Rep. by its Chairman, Villupuram Centre, Office of the Superintendent of Police, Villupuram.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for 1/10
issuance of a Writ of Mandamus, to direct the 2nd respondent to grant Special Grade Marks to the petitioner by considering the National Service Scheme (NSS) Certificate in the Common Recruitment Examination conducted by the 2nd respondent for the year 2023 as per Notification No.2 of 2023, dated 08.08.2023 and consequently select and appoint the petitioner for the post of Tamil Nadu Special Police (TSP) Grade-II, Police Constable for the year 2023. For Petitioner : Mr.E.C.Ramesh For Respondents : Mr.P.Balathandayutham Special Government Pleader for R1 Mrs.Sowmi Dattan Standing Counsel for R2 & R3
O R D E R
This writ petition has been filed for the issue of writ of mandamus directing the 2nd respondent to grant Special Grade Marks to the petitioner by considering the NSS Certificate in the Common Recruitment Examination conducted by the 2nd respondent for the year 2023 under Notification dated 08.08.2023 and consequently select and appoint the petitioner to the post of Tamil Nadu Special Police (TSP) Grade II, Police Constable for the year 2023. 2/10
2.When the matter came up for hearing on 01.10.2024, this Court passed the following order:
Mr.P.Balathandayutham, learned Special Government Pleader, takes notice for first respondent.
2. Mrs.Sowmi Dattan, learned Standing Counsel, takes notice for respondents 2 and 3.
3. The issue involved in the present writ petition pertains to awarding marks to the petitioner based on the NSS certificate submitted by the petitioner. According to the petitioner, he is entitled to be awarded two marks.
4. When the writ petition was taken up for hearing, learned counsel for petitioner submitted that after the filing of the writ petition, one mark was added to the petitioner after considering the NSS certificate. However, the petitioner was not selected since he secured only 84 marks. According to the learned counsel for petitioner, the petitioner is entitled for two additional marks.
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Post this writ petition at the end of the motion list on 16.10.2024. In the mean time, learned Standing Counsel for respondents 2 and 3 shall take written instructions. 3.When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the 2nd and 3rd respondents on instructions made her submissions.
4.Heard Mr.E.C.Ramesh, learned counsel appearing on behalf of the petitioner, Mr.P.Balathandayutham, learned Special Government Pleader appearing on behalf of the 1st respondent and Mrs.Sowmi Dattan, learned Standing Counsel appearing on behalf of respondents 2 and 3. 5.The short issue that arises for consideration is as to whether the petitioner is entitled to be awarded two marks for producing the NSS Certificate as per the notification dated 08.08.2023.
6.To appreciate the above issue, it will be relevant to extract the particular 4/10
portion from the notification dealing with NSS Certificate hereunder: 5/10
7.The specific case of the petitioner is that he has obtained the NSS Certificate signed by the Head of Institution, Programme Co-ordinator and the Vice-Chancellor and therefore, the petitioner is entitled to be awarded two marks and whereas, the petitioner has been awarded only one mark and thereby, the petitioner has secured a total of 84 marks. Yet another candidate had secured 84 marks and considering the date of birth of the petitioner, the petitioner will not be able to find place in the selection list. Therefore, if the petitioner is awarded two marks, the petitioner will secure a total of 85 marks and thereby, the petitioner will be entitled to be considered for appointment. 8.
Per contra, learned Standing Counsel appearing on behalf of the 2nd and 3rd respondents submitted that the petitioner will be entitled only for one mark, since the petitioner has participated in social service for a period of two years and has attended NSS Special Camp. This falls under Class (ii) of the notification and therefore, the request made by the petitioner for awarding two marks is unsustainable.
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9.The relevant portion in the notification has already been extracted supra. The NSS Certificate is categorized under three heads. For candidates who fall under the first head (Class i), they get two marks. For candidates who fall under the second head (Class ii), they get one mark and for candidates who fall under the third head (Class iii), they get half mark. 10.The petitioner is seeking for two marks on the ground that the NSS Certificate has been signed by the concerned authorities as provided under Class (i). The above stand taken by the petitioner is not sustainable, since the signature in the NSS Certificate must pertain to those activities which has been prescribed in Class (i).
Therefore, while dealing with NSS Certificate, this Court must see as to whether the petitioner had participated in any of the activity provided under Class (i) and such Certificate has been signed by the concerned authority. 11.On carefully going through the NSS Certificate relied upon by the petitioner, it is seen that the petitioner has served as a NSS volunteer for two years from 2019-2021 and attended NSS Special Camp.
petitioner will squarely fall under Class (ii). For this, the petitioner is entitled only for one mark.
12.In the light of the above discussion, the relief as sought for by the petitioner cannot be granted by this Court and accordingly, this writ petition stands dismissed. No Costs.
17.10.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Director General of Police, No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 08.
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3.The Chairman, Tamil Nadu Uniformed Services Recruitment Board Sub Committee, Villupuram Centre, Office of the Superintendent of Police, Villupuram.
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N. ANAND VENKATESH, J.
ssr W.P.No.29097 of 2024 17.10.2024 10/10