B.Kadhar Basha, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.27057 of 2017 B.Kadhar Basha S/o.M.Badhusha ... Petitioner Vs.
1.The Chairman, Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
2.The Member, Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, Vellore District.
3.The Superintendent of Police, Vellore District, Vellore.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire records connected with the impugned Mark Statement of the petitioner as published by the first respondent on 08.09.2017 and quash the same and 1/4
consequently, direct the respondents to publish the correct marks obtained by the petitioner (Reg.No.0611312) and select him to the post of Grade-II Police Constable forthwith.
For Petitioner :
Mr.S.Sathia Chandran For Respondents :
Mrs.Sowmidattan [R1 & R2] Mr.S.Rajesh Government Advocate [R3] *****
O R D E R
The order of disqualification, issued by the respondents, in proceedings dated 08.09.2017, is under challenge in this writ petition.
2. Heard the learned counsel appearing for the petitioner, learned counsel appearing for the respondents 1 and 2 and learned Government Advocate appearing for the third respondent.
3. It is the case of the petitioner that he has submitted his application, pursuant to the advertisement issued for the post of Grade-II Police Constables. He had successfully passed in the written examination and received a call letter, for participating in the Physical Measurement Test, Endurance Test and Physical Efficiency Test. The petitioner had participated in the test and 2/4
completed the same successfully and secured 'single star' in all the three tests. On 31.08.2017, the final list of selected candidates was published and the registration number of the petitioner was not found in the list. Thereafter, on 08.09.2017, the final Merit List was published, in which the marks of individual candidates were published on the website of the first respondent, wherein, it was stated "disqualified" against the petitioner's name as the petitioner had secured 38 marks in the written test and 0 mark in the Physical Efficiency Test. Hence, the petitioner submitted a representation to the respondents 1 and 2. Since no action has been taken, the petitioner has filed the present writ petition seeking the aforesaid relief.
4. Any writ petition challenging the process of selection can be entertained only in the event of certain malpractices, corruptive activities or if the selection is conducted, contrary to the statutory rules, but not otherwise. In the absence of any of such serious allegation in the process of selection, this Court cannot issue any direction to the recruiting authorities to consider the case of the petitioner. Further, reasonableness and transparency were followed in the process of selection.
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S.M.SUBRAMANIAM., J gm For the aforesaid reason, no further consideration is required in this case and accordingly, this Writ Petition stands dismissed. No costs. Connected miscellaneous petition is closed.
17.11.2022 Index : Yes Speaking order gm 1.The Chairman, Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
2.The Member, Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, Vellore District.
3.The Superintendent of Police, Vellore District, Vellore.
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