K.Karuppasamy v. Secretaray To Govt.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.18851 of 2015 and MP(MD)No.1/2015 K.Karuppasamy ... Petitioner Vs.

1.Secretary to Government, Personnel and Administrative Reform(s) Department, Secretariat, Chennai.

2.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai - 600 008.

3.Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Chennai - 2.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 2 and 3 to issue separate cut off marks to the petitioner under the category for the persons studied graduation in Tamil Medium for Viva Voce for the post of Sub Inspector of Tamil Nadu Police and consequently direct the second respondent to follow the G.O.Ms.No.145 dated 30.09.2010 issued by the first respondent for the current selection and pass any such further order or orders as this Court may deem fit and proper under the circumstances of the case.

For Petitioner ...

Mr.R.Venkatesan For Respondents ...

Mrs.S.Bharathi Government Advocate

O R D E R

This Writ Petition has been filed seeking issuance of Writ of Mandamus directing the respondents 2 and 3 to issue separate cut-off marks to the petitioner under the category for the persons studied graduation in Tamil Medium for Viva Voce for the post of Sub Inspector of Tamil Nadu Police and consequently direct the second respondent to follow the G.O.Ms.No.145 dated 30.09.2010 issued by the first respondent for the current selection.

2. By consent the Writ petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

4. In similar issue (W.A.No.925 of 2015 in N.Alagarsamy Vs. the Director, Tamil Nadu Uniformed Services Recruitment Board, Chennai and another) the Hon'ble Division Bench of this Court has held as follows: "Learned counsel for the appellant would submit that the appellant studied in Tamil Medium and therefore, as per Government Order in G.O.ms.No.145, Personnel and Administrative Reforms (S) Department, dated 30.09.2010, 20% of seats should have been reserved for persons studies in Tamil Medium but, in this case, no such reservation was made. In our considered view, if that is the grievance of the appellant, he should have challenged the very notification itself. Admittedly he has not done so.

Even before the learned Single Judge, this was not a point raised at all and therefore, he cannot raise a new point or plea before this Court, at the stage of appeal. Admittedly, the appellant has scored only 48.50 marks; whereas cut-off marks for a Most Backward Class candidate is 49.50. Therefore, in our considered view, the learned Single Judge was right in dismissing the writ petition. We do not find any merit in this Writ Petition".

5. In view of the judgment cited above, this Writ Petition fails and the same is dismissed. No costs. Consequently, connected M.P. is closed.

Sd/- Assistant Registrar(co) /True copy/ Sub Assistant Registrar ses To, 1.Secretary to Government,Personnel and Administrative Reform(s) Department,Secretariat, Chennai.

2.The Chairman,Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai - 600 008.

3.Member Secretary,Tamil Nadu Uniformed Services Recruitment Board, Chennai - 2.

+one cc to M/s.R.Venkatesan, Advocate in SR.No.61424 +one cc to The Special Government Pleader in SR.No. 61680 NS/SKS-RR/19.11.2015 2P/6C W.P.(MD)No.18851 of 2015 and M.P.(MD) No. 1 of 2015 15.10.2015 https://hcservices.ecourts.gov.in/hcservices/