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Madras High CourtWP(MD)/2308/2021dismissed

Ragavan v. The Member Secretary

2022-04-18Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Orders Reserved On 06.04.2022 Orders Pronounced On 18.04.2022 W.P.(MD) No.2308 of 2021 and W.M.P.(MD) Nos.1917, 1918 & 12077 of 2021 Ragavan .. Petitioner -vsThe Member Secretary, Tamilnadu Forest Uniformed Services Recruitment Committee (TNFUSRC), No.1, Jeenis Road, Panagal Maaligai, 8D - Floor , Saidapet, Chennai - 600015.

.. Respondent Prayer:- Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned rejection order issued by the respondent through his web site dated 27.01.2021 in so far as the petitioner (S.No.59, in REG.No.20020045637) is concerned for the post of Forest Guard / Forest Guard with Licence and quash the same and consequently direct the respondent to accept petitioner's both the Driving experience certificates and select and appoint the petitioner to the post of Forest Guard / Forest Guard with Licence within the time stipulated by this Court.

For Petitioner :

Mr.G.Kannan for M/s.Veera Associates For Respondents :

Mr.R.Baskar, Additional Advocate General assisted by Mr.M.Ramesh Government Advocate

O R D E R

The publication of list of candidates rejected in post examination activities to the post of Forest Guard / Forest Guard with Driving Licence in website dated 27.01.2021 is under challenge in the present writ petition.

2. The petitioner states that he is fully qualified for selection to the post of Forest Guard / Forest Guard with Licence and participated in the process of selection. The petitioner was called for certificate verification and he attended and produced all the educational experience certificates and other relevant 1/3

certificates. The certificate verification committee satisfied with the certificate produced by the writ petitioner and surprisingly, the petitioner came to understand that his name was rejected through the impugned publication. The reason stated in the impugned publication is that "candidate was provisionally admitted to Endurance Test but upon detailed scrutiny of certain certificates, it was noticed that the certificate for experience in driving produced by the candidate during certificate verification was not valid. Therefore, as per Clause 17(iv) and 17(v) of Information Brochure, the candidature of the candidate was rejected".

3. The learned counsel for the petitioner contended that provisional certificate was issued initially and thereafter, a certificate was issued by SRJ Roadways, Chennai. Therefore, the petitioner has produced all necessary certificates as per the requirements notified in the Information Brochure and thus, the case of the writ petitioner has to be considered.

4. The learned Additional Advocate General made a submission that the driving licence produced by the writ petitioner showed that the petitioner has not completed three years course as on the date of notification on 30.11.2019. The petitioner produced the driving licence for the period from 22.06.2015 to 04.06.2017 and thereafter, another certificate from July 2017 to November 2020. Therefore, the petitioner has not completed the experience of three years and during the certificate verification on 05.01.2021, the Committee found that the petitioner has not completed three years of experience as required under recruitment conditions and therefore, the petitioner's case was rejected.

5. In view of the fact that the petitioner has not produced the valid certificate for selection to the post of Forest Guard / Forest Guard with Driving Licence, this Court is not inclined to grant the relief as such sought for in the writ petition.

6. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(P & A) // True Copy // / /2022 Sub Assistant Registrar(CS) abr 2/3

To The Member Secretary, Tamilnadu Forest Uniformed Services Recruitment Committee (TNFUSRC), No.1, Jeenis Road, Panagal Maaligai, 8D - Floor , Saidapet, Chennai - 600015.

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-19278[F] dated 19/04/2022 ) Order made in 18.04.2022 ck(CO) TR(05.05.2022) 3P 3C 3/3