R. Gobinath v. The Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2015 Coram THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.16655 of 2015 and M.P.(MD)No.1 of 2015 R.Gobinath :Petitioner vs.
1.The Director, Tamil Nadu Uniformed Services Requirement Board, Egmore, Chennai - 600 008.
2.The District Education Department, Telephone Office Opposite, Tallakulam, Madurai.
:Respondent *(R2 impleaded vide order dated15.09.2015 made in MP(MD)No.2 of 2015) Prayer: Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the respondent to accept the petitioner's Xerox Copy of the Xth mark list for Viva-voice call (direct interview) test for the post of Sub Inspector of Police of Tamil Nadu Police Department registration No.(657670) and consequently allow the petitioner to participate in the Viva-voice call (Direct interview) scheduled on 29.09.2015 for the Post of Sub Inspector of Police of Tamil Nadu Police Department.
For Petitioner :M/s.K.M.Priscilla Jancy For Respondent-1 :Mr.S.Bharathi Govt.Advocate For Respondent-2 :Mr.Aaiyuram K.Selvakumar Govt.Advocate
O R D E R
This Writ Petition has been filed by Mr.R.Gobinath, seeking a Writ of Mandamus, directing the respondent to accept the petitioner's Xerox Copy of the X mark list for participation in the Viva-voice, for the post of Sub Inspector of Police, scheduled to be held on 29.09.2015.
2. The learned counsel appearing for the petitioner submitted that the petitioner has participated in the written examination, conducted by the respondent for the post of Sub-Inspector of Police, held on 23.05.2015, and his Registration number is 657670. Since he secured 52% cut of mark, he was selected for physical examination. Accordingly, he took part in the physical examination conducted on 3.8.2015, to take part in PMT, ET, PET and certificate verification. https://hcservices.ecourts.gov.in/hcservices/
3. The grievance of the petitioner is that he misplaced his 10th Original Mark list at Chennai. Therefore, he gave a complaint before the
Tambaram Police Station and received a missing certificate from the police station and again he applied for duplicate 10th mark list with the Educational Department, through his representation, dated 21.08.2015. Now, he has to appear for the viva voice on 29.09.2015, but he is having only xerox copy of the 10th mark list instead of original mark list. Although the petitioner has applied for getting a duplicate 10th mark list, it is not known on what date it is going to be issued.
4. However, the learned counsel appearing for the petitioner submitted that if the respondent is directed to permit the petitioner to take part in the viva voice scheduled to be held on 29.09.2015, for the post of Sub-Inspector of Police with a condition that the petitioner will produce the same within three months time, the same will be produced.
5. This Court finds some merits in the submission. When the petitioner has already taken part in both written examination as well as physical examination successfully, he can be permitted to take part in the viva voice scheduled to be held on 29.09.2015 with xerox copy of 10th marks list subject to the condition that he will produce the duplicate 10th mark list within a period of three months. If the petitioner is not able to produce the same, within three months after taking part in the viva voice, it is for the respondent to take appropriate action.
6. The 2nd respondent who is impleaded also directed to consider the representation and issue the duplicate 10th mark list, if the representation of the petitioner is in order so that the petitioner will be able to secure his job.
7. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Director, Tamil Nadu Uniformed Services Requirement Board, Egmore, Chennai - 600 008.
2.The District Education Department, Telephone Office Opposite, Tallakulam, Madurai - 2.
+1cc to M/s.K.M.Prinsilla Jancy, Advocate in SR.No.54678 +1CC to the Special Government Pleader, in SR.No.54780 & 54795 W.P.(MD)No.16655 of 2015 15.09.2015 mpk PBK/GSV-PM 23/09/2015 ::2P-5C::
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