P. Priyanga v. The Member Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.7985 and 7986 of 2020 P.Priyanga ... Petitioner Vs 1.The Member Secretary, The Tamil Nadu Uniformed Services Recruitment Board, Chennai - 600 002.
2.The Chairman / Sub Committee, The Tamil Nadu Uniformed Services Recruitment Board, Dindigul Centre, Dindigul District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ ofcertiorarified mandamus, calling for the records relating to the impugned disqualification order bearing No.Nill, dated 04.02.2020 and the consequent impugned final provisional list bearing No.Nil, dated 04.02.2020 on the file of the first respondent and quash the same as illegal and consequently direct the respondents to appoint the petitioner as Grade II Police Constable or Grade II Jail Warder in pursuance of the Common Grade II Police Constables (Men,Women & Third Gender),Grade II Jail Warders(Men and Women) and Firemen Selection 2019. For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.Veerakathiravan, Additional Advocate General, assisted by Mr.S.Saji Bino, Special Government Pleader
ORDER
This writ petition has been filed challenging the disqualification slip dated 04.02.2020 issued by the respondents. 1/3
2.The petitioner has taken part in the Common Recruitment for the Posts of Gr.II Police Constable, Gr.II Jail Warder and Fireman, 2019 by applying under the sports quota. She has not been selected, as she has secured below the cut off marks.
3.The learned Counsel for the petitioner submitted that the petitioner has applied under the sports quota and submitted all the sports certificates in the prescribed format. However, mark sheet has been issued as if she has secured 33 marks in the written test and no special marks have been provided for the sports certificates and the physical efficiency test marks were also not taken into consideration. Therefore, the petitioner is before this Court. 4.The learned Additional Advocate General appearing for the respondents submitted that the petitioner has applied under the sports quota and she has secured 33 marks in the written examination and obtained 9 marks in the physical endurance test.
Though the petitioner has applied under the sports quota, she has neither uploaded the sports certificates in the prescribed format as mandated in the notification nor had she produced the sports certificates during the verification. Therefore, she was not considered under the sports category and the marks obtained in the physical endurance test was not taken into consideration. However, instead of rejecting her candidature, the petitioner has been considered in the general category, under which cut off mark is 49, whereas the petitioner has scored 33 marks in the written test. Therefore, she was disqualified from the selection process. 5.This Court has paid its anxious consideration to the rival submissions and perused the materials placed on record. 6.
The petitioner has appeared in the selection process for appointment to the post of Gr.II Police Constable, Gr.II Jail Warder and Fireman, 2019 and she has applied under sports quota. According to the learned Additional Advocate General though the petitioner has applied under the sports quota, she has not uploaded the sports certificates in the prescribed format and even during the certificate verification also she has not produced the certificates. Therefore, the petitioner could not be considered under the sports quota and she was considered under the general category, for which 49 is the cut off mark in the written test, but the petitioner has obtained 33 marks only in the written test.
Since the petitioner has not produced the sports certificates as specified and as she has not secured the required cut off marks, the petitioner has rightly been disqualified.
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7.In the result, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.
Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) dsk Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Member Secretary, The Tamil Nadu Uniformed Services Recruitment Board, Chennai - 600 002.
2.The Chairman / Sub Committee, The Tamil Nadu Uniformed Services Recruitment Board, Dindigul Centre, Dindigul District.
+1 CC to M/s.SPL.GP ( SR-2356[F] dated 25/01/2022 ) 21.01.2022 MGJ(08.03.2022) 3P 4C 3/3