A.Nishanthan v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.3475 of 2020 and W.M.P.(MD)No.2930 of 2020 A.Nishanthan : Petitioner Vs.
The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai.
: Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking I ssuance of Writ of Mandamus directing the respondents to award special one (1) mark for completion of National Service Scheme (NSS) certificate and to consider PSTM Quota for the petitioner to the post of Grade II Police Constable (GR II PC-TSP) in pursuant to Notification No.1 of 2019 issued by the Tamil Nadu Uniformed Services Recruitment Board and consequently, select the petitioner for the post of Grade II Police Constable (GR II PC-TSP) in Most Backward Class / DNC Community quota or PSTM quota, on the basis of the petitioner's representation dated 11.02.2020. For Petitioner : Mr.S.Deenadhayalan For Respondent : Mr.Veera Kathiravan, Additional Advocate General Assisted by Mr.S.Saji Bino, Special Government Pleader *****
ORDER
The petitioner before this Court applied for the post of Grade II Police Constable, pursuant to the notification issued by the respondent. He appeared in the written examination, qualified the same and thereafter, appeared in the physical test and successfully completed the same. In the provisional selection list published by the respondent, the petitioner's name was not found. He secured 69 marks and the cut-off mark for the petitioner's category is 69.50 marks.
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2.According to the petitioner, he is a meritorious sports person, having NSS certificate and studied under Tamil medium. Therefore, he has filed this writ petition seeking a direction to the respondents to permit the petitioner to participate in the further selection process, by granting special marks for NSS and PSTM.
3.Mr.Veera Kathiravan, learned Additional Advocate General, assisted by Mr.S.Saji Bino, learned Special Government Pleader, on instructions, submitted that the petitioner belongs to MBC / DNC community and that he applied for the recruitment under PSTM category. He secured 53 marks in the written test; 15 marks in the physical test. With regard to his NSS certificates, special mark of 0.5 marks was awarded to him, as such, he secured 69 marks. 4.Learned Additional Advocate General further submitted that the last selected candidate under MBC / DNC - PSTM had secured 69 marks, whose rank is 5122 and date of birth is 02.06.1996. The petitioner's rank is 5376 and his date of birth is 15.05.1998. If there is a tie in marks, the candidate senior in age shall be given priority in selection. In view of the age seniority, the other person was selected.
5.From the submission made by the learned Additional Advocate General, it appears that the petitioner applied under PSTM category and that special marks for NSS was also accorded to the petitioner, meaning thereby, the claim of the petitioner was already granted to him. From the notification, it appears that in the event of any tie in the marks, the candidate senior in age shall be given priority in selection. Considering the age of the other person [Rank - 5122], who has secured the same mark as that of the petitioner [Rank - 5376], the other person was selected.
6.In such view of the matter, recording the submission made by the learned Additional Advocate General, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition stands closed.
Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) gk 2/3
To The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai.
W.P.(MD)No.3475 of 2020 NSN(CO) TR(02.02.2022) 3P 2C 3/3