P.Uthayaneethi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2020 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P.(MD)Nos.6439 and 6440 of 2020 P.Uthayaneethi ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary, Home Department, Secretariat, Chennai-600 009.
2.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai-8.
3.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai-8.
4.The Director General of Police, O/o the Director General of Police, Tamil Nadu, Chennai-600 004.
5.The Superintendent of Police, O/o.the Superintendent of Police Office, Madurai, Madurai District.
6.P.Sadha Sivam
...Respondents
PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the Fifth Respondent in his proceedings Na.Ka.No.P1/4339/2020 dated 21.05.2020 and quash the same as illegal and consequentially to direct the respondents to consider the Petitioner for appointment to the post of Grade-II Police Constable.
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For Petitioner : Mr.M.Mohammed Imran for M/s.Ajmal Associates For Respondent 1-5 : Mr.K.MU.Muthu Additional Government Pleader
ORDER
The Petitioner participated in the recruitment conducted by the Tamil Nadu Uniformed Services Recruitment Board for the post of Police Constable-Grade II in the year 2019 and was subjected to medical examination, in which the concerned Authority was of the opinion that the Petitioner was unfit due to defective colour vision and by order in Na.Ka.No.P1/4339/2020 dated 21.05.2020 held that he could not be appointed. Aggrieved thereby, the Petitioner has filed this Writ Petition.
2.Mr.K.MU.Muthu, Learned Additional Government Pleader on instructions, states that the Petitioner could file an appeal against the impugned order before the Medical Recruitment Board as provided in the Recruitment Brochure-2019.
3.In view of the submission made, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to resort to that aforesaid procedure to verify as to whether the defective colour vision of the Petitioner would have any impact on his employment as Police Constable Grade-II, if he is appointed to that post. 4.Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petitions are closed. No costs.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) 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.
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To 1.The State of Tamil Nadu, Represented by its Principal Secretary, Home Department, Secretariat, Chennai-600 009.
2.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai-8.
3.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai-8.
4.The Director General of Police, O/o the Director General of Police, Tamil Nadu, Chennai-600 004.
5.The Superintendent of Police, O/o.the Superintendent of Police Office, Madurai, Madurai District.
26.06.2020 ta SDS (03.07.2020) 3P-6C 3/3