Madras High CourtWP(MD)/13678/2015dismissed

M. Shenbagaperumal, v. The Member Secretary,

2019-03-26Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13678 of 2015 and M.P(MD)No.1 of 2015 M.Shenbagaperumal ... Petitioner Vs.

The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Selection Committee, Chennai - 2.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondent to consider the petitioner in the category of Exservicemen quota in the recruitment of Sub-Inspector of Police Taluk (Men and Women) - 2015, vide publication dated 08.02.2015 in publication and Notification No.1 of 2015, who participated in the selection in Enrollment No.4201702.

For Petitioner :

Mr.S.Suresh Kumar For Respondent :

Mr.C.M.Mari Chelliah Prabhu, Additional Government Pleader.

ORDER

Seeking a direction to the respondent to consider the petitioner under the category of Ex-servicemen quota in the recruitment of Sub-Inspector of Police, he is before this Court. 2.Upon instructions, the respondent filed a detailed counteraffidavit, wherein, at paragraph Nos.8 and 9, it is stated as follows:- "8.It is submitted that as per the notification dated 08.02.2015, the category of Ex-servicemen are given only age relaxation of 45 years and the Principal Bench of this Court has dismissed a similar writ petition in W.P.No.23527 of 2015 and has observed in para No.8 that "Furthermore, in similar circumstances, while upholding the common order of a learned Single Judge, dated 22.01.2011 in W.P.Nos.18791 and 18972 of 2010, a Division Bench of this Court in the Judgment, dated 22.11.2012 in W.A.Nos.533 and 534 of 2011 held that there is no 5% reservation for Ex-Servicemen for recruitment to the post of Sub-Inspector of Police, as the same belongs to Group 'B' post".

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9.It is submitted that the reservation of 5% of vacancies is given only for Group 'C' category posts, whereas the post of Sub-Inspector of Police comes under Group 'B' category. The statutory rules do not provide for reservation to Exservicemen in Group 'B' posts and hence the prayer of the writ petitioner is not maintainable."

3.In view of the statement made by the respondent in the counter-affidavit as stated above, this Court is of the opinion that the prayer sought by the petitioner cannot be considered. 4.Therefore, this Writ Petition stands dismissed. No costs. consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar(CS ) To The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Selection Committee, Chennai - 2.

+1 CC to M/s.SPL GP ( SR-56946[F] dated 27/03/2019 ) W.P(MD)No.13678 of 2015 26.03.2019 DS : 07/05/2019 :2P/3C https://hcservices.ecourts.gov.in/hcservices/