The Secretary To Government v. R.Saravanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL and M.P(MD)No.2 of 2011 1.The Secretary to Government, Home (Police IV) Department, Fort St. George, Chennai - 600 009.

2.The Director General of Police/Chairman, Tamil Nadu Uniformed Services Recruitment Board, Anna Salai, Chennai-2.

3.The Director General of Police, Dr.Radhakirshnan Salai, Mylapore, Chennai -4. ... Appellant / Petitioner Vs.

R.Saravanan ... Respondent/Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 29.01.2010 made in W.P(MD)No.850 of 2010.

Prayer in WP(MD). 850/ 2010 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF MANDAMUS, directing the 2nd respondent to add 3 more marks to the petitioner for Recruitment to the post of Sub-Inspector of Police (Men-open Category Quota) 2006 and further directing the respondents to select and appoint the petitioner as Sub-Inspector of Police under Open Category and fix appropriate place in the selection and grant all consequential service and monitory benefits to the petitioner.

For Appellants : Mr.K.P.Narayanakumar, Special Government Pleader For Respondent : Mr.B.Saravanan 1/4

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) The Writ Appeal is preferred, challenging the order dated 29.01.2010 made in W.P(MD)No.850 of 2010.

2. Brief facts of case are as follows:

The writ petition was filed by an unsuccessful candidate for the Post of Sub-Inspector of Police (Men-Open Category Quota), seeking a direction to the authorities to add three more marks to the petitioner for recruitment to the post of Sub-Inspector of Police - 2006 and to select and appoint the petitioner under open category. The said writ petition was allowed by the learned single Judge on 29.01.2010 issuing certain directions. Aggrieved by the same, the above writ appeal is filed by the official respondents including the Tamil Nadu Uniformed Service Recruitment Board (TNUSRB).

3. Heard the learned Special Government Pleader appearing for the appellants and perused the materials available on record.

4. The similarly placed persons like the respondent / writ petitioner were also given a direction to be considered for the selection and appointment as Sub-Inspector of Police. Upon challenge in the writ appeals, in the judgment dated 16.08.2011 in W.A(MD) No.472 of 2010 etc., batch, the decision of a Division Bench of this Court in Secretary to Government, Home (Police) Department, Fort St. George, Chennai and others v. A.Eswaramoorthy and others reported in 2011(1) MLJ 1313, was referred to, wherein the writ appeals filed by the Government are allowed setting aside the directions given by this Court earlier, holding that there is no serious lapse on the part of the Government and that it was not a deliberate act. Therefore, there was no necessity for awarding marks in those cases where the key answers were found to be incorrect.

the Special Leave Petitions filed by the writ petitioners were also dismissed. The Division Bench in the cited judgment had observed as follows: "32. In fine, (1)The appeals filed by the government are allowed setting aside the directions given in the impugned order in para 24(i) to (iv) except para 25(vi) and (vii).

(2) As far as 23 old candidates are concerned, as stated above, the list provided by the Advocate General would disclose that revaluation was done and out of 23 candidates 10 candidates are found to be eligible for appointment. Accordingly, they are directed to be appointed subject to usual formalities."

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5. In yet another case, the Division Bench of this Court, vide judgment dated 12.03.2013 in W.A(MD)No.1093 of 2011, has pointed out that for the vacancies as on 31.12.2004, notification was issued on 19.07.2006 for recruitment, examination was conducted on 20.05.2007; the results were published on 17.07.2007; final selection list was published on 20.12.2007; the first batch of candidates were sent for training in January, 2008; and the second batch of candidates were sent for training in June, 2008 and the entire process was completed for the recruitment pursuant to the notification issued in the year 2006. Hence, considering the decision of the Division Bench reported in 2011(1) MLJ 1313(cited supra), the writ appeals were allowed.

6. No doubt, the facts of the present case is similar to the facts in the above decision reported in 2011(1) MLJ 1313(cited supra). Hence, nothing survives in this writ appeal for further adjudication.

7.In view of the decision of the Division Bench (cited supra), the Writ Appeal stands allowed and the order of the learned Single Judge is confirmed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1.The Secretary to Government, Home (Police IV) Department, Fort St. George, Chennai - 600 009.

2.The Director General of Police/Chairman, Tamil Nadu Uniformed Services Recruitment Board, Anna Salai, Chennai-2.

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3.The Director General of Police, Dr.Radhakirshnan Salai, Mylapore, Chennai -4.

+1 CC to M/s.B.SARAVANAN, Advocate ( SR-1552[F] dated 21/01/2021 ) 19.01.2021 KG(CO) KB(01.02.2021) 4P 5C 4/4