Madras High CourtWP(MD)/13973/2015dismissed

R.Dinesh v. The Member Secretary

2015-08-05Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.08.2015 Coram THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.13973 of 2015 AND MP(MD) 1 & 2/2015 R.Dinesh .. Petitioner Vs.

The Member Secretary, The Tamilnadu Uniformed Service Recruitment Board, Chennai - 2.

.. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records in his official website on 18.7.15 and quash the same so far as the petitioner is concerned and consequently direct the respondent permit the petitioner to participate in further selection process for the post of Sub Inspector of Police (Taluk) (Men and Women) 2015.

For Petitioner : Mr.M.Karunanithi For Respondents : Mrs.S.Bharathi Govt.Advocate

ORDER

This writ petition has been filed by R.Dinesh seeking issuance of Writ of certiorarified Mandamus to call for records pertaining to impugned result published by the respondent in his official website and quash the same in so far as the petitioner is concerned.

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

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

4. The grievance of the petitioner is that the petitioner is coming under sports quota. The petitioner being a sports person applied for the post of Sub Inspector of Police and attended written examination on 23.05.2015. On 18.07.2015 an impugned https://hcservices.ecourts.gov.in/hcservices/

communication has been sent to the petitioner informing that he has secured 43 marks in the written examination, which is below the cut off mark. Further the learned counsel appearing for the petitioner would submit that when the cut off mark for sports quota has been fixed as 34, the respondent ought not to have rejected the case of the petitioner on the ground that he is not qualified for the next stage.

5. No doubt, this Court finds that the petitioner being a sports person, he has secured 43 marks, which is more than the cut off mark namely 34, fixed by the respondent. But since he is coming to the Court belatedly, when the physical test is going to be over today, this Court is not inclined to entertain the writ petition.

6. The learned Government Advocate, on instruction from the Officer who is also present, would submit that today is the last date for physical test and therefore, nothing survives in the writ petition.

7. Accordingly, this writ petition is dismissed on the ground that the petitioner is guilty of laches. No costs. Connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The Member Secretary, The Tamilnadu Uniformed Service Recruitment Board, Chennai - 2.

+ 1 CC TO MR.M.KARUNANITHI, ADVOCATE SR NO. 44174/15 + 1 CC TO SPECIAL GOVERNMENT PLEADER SR NO. 44581/15 MJ TE:18/08/2015 : 2P/4C WP(MD)No.13973 of 2015 05.08.2015 https://hcservices.ecourts.gov.in/hcservices/