Ajithkumar.R v. The Member Secretary

1 W.P.(MD)NO.12229 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12229 of 2022 and W.M.P.(MD)No.8692 of 2022 R.Ajithkumar, Reg.No.2502833.

... Petitioner Vs.

1. The Member Secretary, Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 08.

2. The Superintendent of Police, Pudukkottai District, Pudukkottai.

3. The Inspector of Police, Gandharvakottai Police Station, Pudukkottai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent dated 02.02.2022 in Na.Ka.No.A3/33792/2021 and quash the same and further direct the 1st and 2nd respondent to issue appointment order to the petitioner.

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2 W.P.(MD)NO.12229 OF 2022 For Petitioner : Mr.A.Arul Jenifer For Respondents: Mr.Veera Kathiravan, Additional Advocate General, assisted by, Mr.A.K.Manikkam, Special Government Pleader.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents.

2.The writ petitioner applied in response to the recruitment notification issued by the Tamil Nadu Uniformed Service Recruitment Board on 17.09.2020 calling for applications for the post of Police Constable Grade-II, Jail Warden Grade-II and Fireman. The petitioner was successful at all stages. However, the impugned memorandum dated 02.02.2022 was issued disqualifying the petitioner on the ground that he involved in criminal cases. Challenging the said 2/5

3 W.P.(MD)NO.12229 OF 2022 disqualification order, the present writ petition has been filed.

3. The learned Additional Advocate General contends that the petitioner was found guilty in a host of criminal cases under the Tamil Nadu Prohibition Act. The petitioner's counsel would contest the said assertion. According to him, the petitioner was involved only one case.

4. In my view, this does not make any difference. The petitioner was found guilty in criminal cases and paid fine amounts as under:- S.No.

Case No. & Court Fine Amount 1.

S.T.C.No.282 of 2017 - Judicial Magistrate, Pudukkottai.

Rs.750/- 2.

S.T.C.No.376 of 2017 - Judicial Magistrate, Thanjavur.

Rs.500/- 3.

S.T.C.No.376 of 2017 - Judicial Magistrate, Thanjavur.

Rs.500/- 4.

S.T.C.No.39 of 2019 - Judicial Magistrate, Gandarvakottai.

Rs.500/- 5.

S.T.C.No.235 of 2020 - Judicial Magistrate, Gandarvakottai.

Rs.750/- Therefore, the impugned order had been rightly passed. For the reasons set out in the order dated 01.11.2022 made in W.P.(MD)No.1445 of 2022, the order impugned in this writ 3/5

4 W.P.(MD)NO.12229 OF 2022 petition is sustained. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

01.11.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Member Secretary, Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 08.

2. The Superintendent of Police, Pudukkottai District, Pudukkottai.

3. The Inspector of Police, Gandharvakottai Police Station, Pudukkottai District.

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5 W.P.(MD)NO.12229 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.12229 of 2022 01.11.2022 5/5