U. Mohamed Askar Sharief, v. The Chairman,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.08.2015 Coram THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.13764 of 2015 U.Mohamed Askar Sharief .. Petitioner Vs.

1.The Chairman, Tamilnadu Uniform Service Board, Anna Salai, Chennai - 28.

2.The Superintendent of Police, Thanjavur District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd Respondent to issue the ward certificate to the petitioner within the time stipulated on the basis of the Petitioner's representation dated 22.07.2015 by this Court may deem fit proper in the circumstances of the case.

For Petitioner :

Mr.A.Rajaram For Respondents :

Mrs.S.Bharathi Govt.Advocate

ORDER

This writ petition has been filed by U.Mohamed Askar Sharief seeking for a Writ of Mandamus directing the second respondent herein, the Superintendent of Police, Thanjavur to issue ward certificate to the petitioner, on the basis of his representation dated 22.07.2015.

2. Mrs.S.Bharathi, learned Government Advocate takes notice for the respondents.

3. By consent, this writ petition is disposed of at the stage of admission.

4. The petitioner having completed 12th standard in the year 2009, coming under category of BCM (Backward Class Muslim), applied for the post of Sub Inspector of Police for the year 2015 through online along with relevant documents. He was also allotted Registration Numbder as S79056. Since his father namely Usuf Sharief was also working in the police department and subsequently died-inhonours on 25.07.2012, he comes under the category of police ward. https://hcservices.ecourts.gov.in/hcservices/

That apart, as per notification, he should obtain 40 marks in the written examination for the physical test. But his grievance is that at the time of applying for the post of Sub Inspector of police in the year 2015, he has to enclose ward certificate, which is not issued to the petitioner. Although, the petitioner secured 43 marks, he was not selected. In the above said background, the grievance of the petitioner is that although he secured 43 marks when the notification clearly fixed cut off mark as 40, he should have been selected. But the petitioner has not been selected on the ground that the petitioner has failed to produce the ward certificate and the repeated representation given by the petitioner has also not been considered. Therefore, he is right in coming to the Court.

5. A perusal of the notification shows that cut of mark under the category of police ward for the post of Sub Inspector of Police in the year 2015 is only 40. Admittedly in the present case, it appears that cut off mark of the petitioner is 43.

6. The learned Government Advocate has submitted that it is the condition for anyone to enclose all the documents including ward certificate at the time of submitting application through online. Admittedly, in the present case, the petitioner has failed to enclose ward certificate. Be that as it may, the petitioner is the son of a police constable, died-in-honours, the respondent can be directed to issue ward certificate on the basis of the representation given by the petitioner on 22.07.2015.

7. It is brought to the notice of the Court that physical test is going to be held from 03.08.2015 to 05.08.2015. Therefore, the Superintendent of Police, Thanjavur is hereby directed to issue the ward certificate immediately to the petitioner so that the petitioner may take a chance before the process come to an end.

8. This writ petition is allowed. No costs. Connected Miscellaneous Petitions are closed.

Sd ASST REGISTRAR ( AS ) TRUE COPY SUB ASST REGISTRAR mj To 1.The Chairman, Tamilnadu Uniform Service Board, Anna Salai, Chennai - 28.

2.The Superintendent of Police, Thanjavur District. 1CC TO MR. A. RAJARAM, ADV SR: 43322 DM 3 8 15- 2P 4C WP(MD)No.13764 of 2015 03.08.2015 https://hcservices.ecourts.gov.in/hcservices/