Anittus Joseph, v. Chairman,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4970 of 2018 and W.M.P.(MD).No.4964 of 2018 Anittus Joseph ... Petitioner Vs.

1. The Chairman, Tamil Nadu Uniformed Services, Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

2. Tamil Nadu Uniformed Services, Recruitment Board, Represented by the Member Secretary, Chennai.

3. The Superintendent of Police, Kanyakumari District, at Nagercoil.

4. The Branch Manager, Indian Overseas Bank, Azhagiyapandiapuram, Kesavanpudoor, Kanyakumari District.

... Respondents ( R4 is Suo Motu impleaded vide Court order dated. 08.03.2018) Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue hall ticket to the petitioner for the Application No.1000058529 dated 04.01.2018 enabling the petitioner to participate in the written examination scheduled on 11.03.2018 conducted by the respondents for the post of Grade II Police Constable, Grade II Jail Warden and Firemen for the year 2017-2018. For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.Chellapandian Additional Advocate General assisted by Mrs.S.Srimathy Special Government Pleader For R4 : Mr.Palaramasamy

ORDER

Heard the learned counsel on either side.

2.The main Writ Petition itself is taken up for final disposal, by consent of both the parties.

3.The petitioner is an applicant for the post of Grade-II Police Constable for the recruitment year 2017-18. The grievance of the petitioner is that he has not been issued with the hall ticket. Therefore, this Writ Petition has been filed for directing the Authorities to issue hall ticket to the petitioner so as to enable him to participate in the written examination scheduled to be held on 11.03.2018.

4.The Writ Petition was filed on 07.03.2018 and was listed for admission on 08.03.2018. This Court directed to issue notice to the official respondents and also suo motu impleaded the Indian Overseas Bank through which the fee was said to have been remitted. The Tamil Nadu Uniformed Services Recruitment Board oversees the entire recruitment process and has filed its counter affidavit. The procedure for applying has been set out in the counter affidavit. 5.It is seen that the petitioner submitted an application through online mode and he was allotted the user ID. The petitioner must make payment also through online mode. The petitioner attempted to make an online payment using Indian Overseas Net banking on 04th January 2018. However, the said transaction was not successful.

He also made an attempt to make the online payment using State Bank of India Net Banking on the same date. Again, the transaction was not successful. In fact, this was duly reflected as payment pending on the petitioner's dashboard also. It appears that the petitioner had checked the payment status only on 24.02.2018. Thus, the transaction of the online payment has not been successful. It was due to the petitioner's negligence, the hall ticket was not issued. The petitioner has also approached this Court literally at the last minute. Hence, this Writ Petition is liable to be dismissed on the ground of laches also.

6.The learned Additional Advocate General has also pointed out that a similar Writ Petition was refused to be entertained by the Hon'ble Principal Bench also. Since everything is being generated only in online mode, it would not be possible to make arrangements at this last moment for the petitioner.

7.Taking note of these circumstances, viz., the petitioner's negligence, laches and the stand taken by the Hon'ble Principal Bench, this Court is constrained to dismiss this Writ Petition. 8.The Writ Petition stands dismissed accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar

To

1. The Chairman, Tamil Nadu Uniformed Services, Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

2. Tamil Nadu Uniformed Services, Recruitment Board, Represented by the Member Secretary, Chennai.

3. The Superintendent of Police, Kanyakumari District, at Nagercoil.

+1CC to Mr.R.J.Karthick, Advocate, SR.No.54363 +1CC to Mr.Palaramasamy, Advocate, SR.No. 54381 +1CC to the Special Government Pleader SR.No.54945 W.P.(MD)No.4970 of 2018 09.03.2018 TSG ES/SV/SAR 2/11.07.2018/3P/7C