P.Chandran v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.30070 of 2019 and W.M.P.Nos.30011 and 30012 of 2019 P.Chandran .. Petitioner Vs.

1.The Government of Tamil Nadu Rep. by the Secretary Ministry of Home, Chennai.

2.The Chairman Tamil Nadu Uniformed Service Recruitment Board Old Commissioner of Police Office Campus Pantheon road, Egmore Chennai-600 008.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the letter/notification dated nil issued by the 2nd respondent on online rejecting the petitioner's application on the grounds that rejected ex-army/army date of discharged proof not available/not clear/other person certificate and quash the same and directing the respondents to publish the result of his written test by entertaining his application and allow him to appear in the subsequent tests such as physical measurement test, Endurance Test and physical efficiency test, pending disposal of the writ petition.

For Petitioner : Ms.R.Meenakshi For R1 : Mr.R.S.Selvam Government Advocate For R2 :

Mr.V.Kadirvelu Special Government Pleader 1/3

O R D E R

Writ petition is filed for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the letter/notification dated nil issued by the 2nd respondent on online rejecting the petitioner's application on the grounds that ''rejected ex-army/army date of discharged proof not available/not clear/other person certificate'' and quash the same and directing the respondents to publish the result of his written test by entertaining his application and allow him to appear in the subsequent tests such as physical measurement test, Endurance Test and physical efficiency test, pending disposal of the writ petition.

2.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the 1st respondent and the learned Special Government Pleader appearing for the 2nd respondent.

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 Warder 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 through online and the same was accepted. The petitioner appeared for the written examination. The result of the above written test was published during the month of September 2019. Shock and surprise, the result of the petitioner was not published and his application status was published as "Rejected Ex-Army/Army date of discharged proof not available/not clear/other person certificate". Therefore, the petitioner has made a representation on 28.09.2019 to the respondents. However, till date the representation was not considered by the respondents. Hence, the petitioner has come out with the present Writ Petition.

4.Learned Special Government Pleader appearing for the Tamil Nadu Uniformed Services Recruitment Board filed counter affidavit and relevant paragraph is extracted hereunder: "9.It is further submitted that out of the aforesaid 15 writ petitioners, 13 writ petitioners have secured the required cut off marks and hence, they will be allowed to appear for the physical test subject to production of necessary required certificates within the stipulated time period. 2/3

The remaining two writ petitioners viz., M.Murali - W.P.No.29720 of 2019 and K.Boopathy - W.P.No.29873 of 2019 did not secure the required cut off marks in their respective community and hence, they are not eligible for the further process of selection of physical test."

5.In view of the above, this Court hereby directs the respondents to call the petitioner to appear for the physical test subject to production of necessary required certificates. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary Government of Tamil Nadu Ministry of Home, Chennai.

2.The Chairman Tamil Nadu Uniformed Service Recruitment Board Old Commissioner of Police Office Campus Pantheon road, Egmore Chennai-600 008.

+1 cc to The Government Pleader Sr.No. 91521 & 91786 AKM/16.12.19/3P-4C / W.P.No.30070 of 2019 and W.M.P.Nos.30011 and 30012 of 2019 3/3