Karthik v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Karthik

...Petitioner

Vs.

1.The Chariman, Tamilnadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Patheon Road, Egmore, Chennai-600 008.

2.The Member Secretary, Tamilnadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Patheon Road, Egmore, Chennai-600 008.

3.The Chariperson, Office of the Sub-Committee Chariperson, Joint Commissioner of Police Traffic North, Greater Chennai Police, Vepery, Chennai-600 007.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1 to 3 respondents to extend the time to appear for PET, ET, PMT and original certificate verification to the petitioner on the basis of petitioner's representation dated 09.01.2021. For Petitioner : Mr.K.Arunraj For Respondents : Mr.K.Chellapandian Additional Advocate General

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to extend the time to appear for PET, ET, PMT and original certificate verification to him was not considered, the Writ 1/3

Petition has been filed. According to the petitioner, he has made a representation in this regard on 09.01.2021, which is still pending.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, it would be appropriate to direct the second respondent herein to consider the petitioner's representation dated 09.01.2021, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 09.01.2021, on its own merits and pass appropriate orders in accordance with law, as expeditiously as possible.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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. 2/3

To 1.The Chariman, Tamilnadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Patheon Road, Egmore, Chennai-600 008.

2.The Member Secretary, Tamilnadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Patheon Road, Egmore, Chennai-600 008.

3.The Chariperson, Office of the Sub-Committee Chariperson, Joint Commissioner of Police Traffic North, Greater Chennai Police, Vepery, Chennai-600 007.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-2687[F] dated 01/02/2021 ) +1 CC to M/s.GP ( SR-2874[F] dated 02/02/2021 ) 01.02.2021 KM(CO) TR(10.02.2021) 3P 6C 3/3