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Madras High CourtWP/29806/2024dismissed

A.Elumalai v. The Director General Of Police

2024-10-17Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Elumalai S/o.Ammavasai ... Petitioner Vs.

1.The Director General of Police, Tamil Nadu Uniformed Services Board, Egmore, Chennai - 600 008.

2.The Superintendent of Police, Tamil Nadu Uniformed Services Board, Egmore, Chennai - 600 008.

3.The State of Tamil Nadu represented by its Additional Chief Secretary, Home (Police) Department, Fort St.George, Chennai - 600 009.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order of the second respondent made in Na.Ka.No.R4/174/2095/2024 dated 16.07.2024, to quash the same and to consequently, direct the respondents 1 to 3 to arrive at the Selection List by preparing the list of candidates under General Turn (GT) at the first instance in consideration of meritorious candidates irrespective of 1/4

community followed by communal vacancies in accordance with the ratio laid down by Hon'ble Supreme Court in State of Tamil Nadu Vs. K.Shobana reported in 2021 (4) SCC 686, thereby to consider the claim of the petitioner for selection to the post of Sub-Inspector of Police under category reserved for ST.

For Petitioner : Mr.L.Chandrakumar For Respondents : Ms.Sowmi Dattan Standing Counsel [R1 & R2] Mr.K.Tamilvendan Government Advocate [R3] *****

O R D E R

This writ petition has been filed challenging the impugned proceedings of the second respondent dated 16.07.2024 and for a consequential direction to respondents 1 to 3 to prepare the selection list by including all the meritorious candidates under General Turn irrespective of community in line with the judgment of the Apex Court in State of Tamil Nadu Vs. K.Shobana [2021 (4) SCC 686], and thereby, consider the claim of the petitioner for selection to the post of SubInspector of Police under ST category.

2. Heard Mr.L.Chandrakumar, learned counsel appearing for petitioner, Ms.Sowmi Dattan, learned Standing Counsel appearing for 2/4

respondents 1 and 2 and Mr.K.Tamilvendan, learned Government Advocate appearing for third respondent.

3. In the considered view of this Court, the petitioner is questioning a recruitment process, which has already come to an end in July'2022. Thereafter, yet another recruitment process took place in the year 2023. In view of the same, the relief sought for by the petitioner is clearly hit by laches and if any interference is made at this length of time, it will completely dislodge the earlier selection process, which came to an end more than two years back.

4. In the light of the above discussion, this Court is not inclined to grant the relief sought for by the petitioner. Accordingly, this Writ Petition is dismissed. No costs. 17.10.2024 Index: yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm To 1.The Director General of Police, Tamil Nadu Uniformed Services Board, Egmore, Chennai - 600 008.

2.The Superintendent of Police, Tamil Nadu Uniformed Services Board, Egmore, Chennai - 600 008.

3.The Additional Chief Secretary, Home (Police) Department, Fort St.George, Chennai - 600 009.

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