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Madras High CourtWP/37388/2025dismissed

S.Sivasankar v. The State Of Tamilnadu

2025-12-17Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No. 37388 of 2025 and W.M.P.No. 41826 & 54512 of 2025 S.Sivasankar ... Petitioner Vs.

1.The State of Tamilnadu, Rep. By its Secretary (Home Department), Secretariat, Fort St.George, Chennai - 600009.

2.The Director General of Police, Head of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3.The Chairman, Tamilnadu Uniform Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai.

4.The Member Secretary, Tamilnadu Uniform Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai.

... Respondents 1/8

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, quashing the portion of the notification dated 04.04.2025 bearing Notification No.1/25 issued by the 3rd respondent, insofar as it fixes the cut-off date as 01.07.2024 for determining eligibility under the departmental quota; and consequently, direct the respondents to permit the petitioner to participate under the departmental quota in the present recruitment process.

For Petitioner : Mr.Hariharan. E For Respondents : Mr.Mr.P.Balathandayutham Special Government Pleader for R1 & R2 Mr.D.Sowmi Dattan for R4

ORDER

This Writ Petition has been filed quashing the portion of the notification dated 04.04.2025 bearing Notification No.1/25 issued by the 3rd respondent, insofar as it fixes the cut-off date as 01.07.2024 for determining eligibility under the departmental quota; and consequently, direct the respondents to permit the petitioner to participate under the departmental quota in the present recruitment process.

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2. The learned counsel for the petitioner would submit that the petitioner is a Grade-II Police Constable recruited in the year 2019. The petitioner has participated recruitment under 20% department quota for the post of Sub-Inspector of Police and the said notification was published on 04.04.2025 bearing Notification No.1 of 2025 for the recruitment to various posts, including the Sub-Inspector post and as per the Clause - 17, 20% allotted for in-service candidates, who are working in the Police Department.

As per clause-17 of the notification, the Grade-II Police Constables / GradeI Head Constables/ Head Constables, serving in Taluk Police, Armed Reserved police and their equivalent ranks serving the Tamil Nadu Special Police can apply under 20% departmental quota, if they meet the eligibility criteria under Rule 14 of the Tamil Nadu Police Sub-ordinate Service Rules and further, they should have completed five years of service as on 01.07.2024. Aggrieved by the said Clause on 5 years completion of service as on 01.07.2024, the present writ petition is filed. 3.

the petitioner was not able to complete the service as on 01.07.2024. Normally, the five years service is calculated till the last date of submission of the application and the last date of submitting application is on May,2025. The petitioner completed the service on May,2025 on the sole ground the present writ petition is filed.

4. Per contra, learned counsel appearing for the respondents would submit admittedly, the respondent issued notification for recruitment to the post of Sub-Inspector vide Notification No.1 of 2025 dated 04.04.2025, in which, the departmental candidates entitled for 20% quota, accordingly, several persons made applications, the petitioner is a one among them. As per eligibility criteria for 20% police departmental quota, the Police personnel should have completed five years of service as on 01.07.2024. The cut-off date fixed on 01.07.2024 as per Section 14, Annexure-II of the Tamil Nadu Police Sub-Ordinate Rules. As per Section 14, Annexure-II, Clause-1 of Sub-clause 2(ii), the departmental candidates must possess five years of service in the respective categories as on 1st July preceding the date of notification of selection. He would further submit that in the present case, notification issued 04.04.2025, the 1st July is the proceeding date as per the said rules. He would submit that without challenging the Rule filing the writ 4/8

petition, challenging the notification is not acceptable one. Accordingly, he prayed for dismissal of the writ petition.

5.The Section 14, Annexure-II of the TNPSS Rules relied upon by the learned counsel for the respondents extracted hereunder: "Annexure II Class 1; Category 2 - Sub-Inspectors of Police; column (3) Qualification

(2) The Departmental quota candidates must possess:- (i) a Degree from any University or Institution recognized by the University Grants Commission; (ii) five years of service in their respective Categories as on the 1st July preceding the date of notification of selection;"

6. As per Section 14, Annexure-II, Class 1, Sub-clause 2(ii), departmental quota candidates must possess five years of service in the respective categories as on 1st July preceding the date of notification of selection. In the present case, notification issued 04.04.2025, the 1st July is the proceeding date and, as per the said rules and as on the said date, the 5/8

petitioner has not completed five years of service. Hence, the prayer sought for by the petitioner cannot be granted. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

17.12.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No kkn 6/8

To 1.The Secretary ( Home Department), State of Tamilnadu, Secretariat, Fort St.George, Chennai - 600009.

2.The Director General of Police, Head of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3.The Chairman, Tamilnadu Uniform Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai.

4.The Member Secretary, Tamilnadu Uniform Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai.

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M.DHANDAPANI, J.

KKN W.P.No. 37388 of 2025 17.12.2025 8/8