Madras High CourtCONT P(MD)/522/2021closed

P.Raju v. S.K.Prabakar

2021-03-31Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Sub Application (MD).Nos.109, 110 & 111 of 2021 P.Raju .. Petitioner in Cont P.(MD).No.522 of 2021/Petitioner N.Praburaj .. Petitioner in Cont P.(MD).No.523 of 2021/Petitioner Vs.

1.Mr.S.K.Prabakar, The Secretary to the Government of Tamil Nadu, Home (Police) Department, Fort St. George, Chennai.

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

3.Mr.Deepak M.Darmar, The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

4.Mr.Tamil Selvan, The Director General of Police, Tamil Nadu Uniformed Services, Recruitment Board, No.1, Dr.Radhakrishnan Road, Mailapoor, Chennai.

...Contemnors in Both Contempt petitions/ Respondents COMMON PRAYER: Contempt petitions filed under Section 11 of Contempt of Court Act 1971, to punish the respondents herein for the his willful and wanton disobedience of the order, dated 16.02.2021, passed by this Court in W.P.(MD).No.8682 & 8702 of 2020. Prayer in WP(MD). 8682/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus to call for the records relating to the Impugned Final Answer Key as against Question No. 53, 57, 59, 85, 103, 120 and also psychological questions in respect of B Type Question pertaining to the Written Examination held on 13.01.2020 on the Recruitment of the Sub-Inspector of Police 2019 vide 1/3

Notification No. 2/2019 on the file of the 2nd Respondent to quash the same and consequently, to direct the 2nd Respondent to add that two mark into the petitioner marks already obtained and subject him for Physical Test and proceed further in accordance with law. Prayer in WP(MD). 8702/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified mandamus to call for the records relating to the impugned Final Answer Key as against Questions No.36, 120, 124, 129, 132, 152 and also psychological question at Serial No.68, 76, 80 and 83 in respect of D Type question pertaining to the Written Examination held on 13.1.2020 on the recruitment of the Sub Inspector of Police 2019 vide notification No.2/2019 on the file of the 2nd respondent to quash the same and consequently to direct the 2nd respondent to add that one mark into the petitioner marks already obtained and subject him for physical Test and proceed further in accordance with law For Petitioner : Mr.Niranjan S.Kumar both Cont.Ps For Respondent : Mr.K.Chellapandian both Cont.

ps Additional Advocate General COMMON ORDER Pursuant to the orders of the writ Court, the respondents have communicated to the petitioners herein stating that they have not secure the required cut of marks. The petitioners claim that the orders of the writ Court has not been properly construed in this petitions. This Court is of the view that since the respondents have sent communications on 23.03.2021 to the petitioners, rejecting their candidature, the disobedience alleged may not be wilful in nature. Accordingly, these contempt petitions are closed. However, if the petitioners are of the view that the communication dated 23.03.2021 is not in conformity with the order of the writ Court dated 16.02.2021, liberty is hereby granted to the petitioners to challenge the same in accordance with law.

Consequently, connected sub applications are closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

TM 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 the Government of Tamil Nadu, Home (Police) Department, Fort St. George, Chennai.

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

3.The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

4.The Director General of Police, Tamil Nadu Uniformed Services, Recruitment Board, No.1, Dr.Radhakrishnan Road, Mailapoor, Chennai.

+2 CC to M/s.NIRANJAN S.KUMAR, Advocate ( SR-14724[F] dated 31/03/2021 ) +1 CC to M/s.SPL GP ( SR-15350[F] dated 07/04/2021 ) 31.03.2021 CN(17.05.2021) 3P 8C 3/3