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Madras High CourtWP(MD)/11517/2021disposed of

Raja v. The Chairman

2021-10-25Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR WP(MD) No.11517 of 2021 and WMP(MD).No.9037 of 2021 Raja ... Petitioner Vs.

1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008.

2. The Director General of Police, O/o. the Director General of Police, Chennai - 4.

3.The Superintendent of Police, Madurai District, Madurai.

4.The Sub Inspector of Police, Alanganallur Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to call for the records pertaining to issue a Writ of Certioraified Mandamus calling for the records pertaining to the impugned order in RC.No.4339/2020-1, dated 23.06.2021 passed by the respondent No.3 and quash the same as illegal and for consequential direction, directing the respondents to appoint the petitioner (Registration No.2402603) as Grade - II Constable, Grade II Jail Warders and Fireman in the Tamil Nadu Uniformed Services Recruitment Board 2019 forthwith.

For Petitioner : Mr.R. Venkatesan For Respondents : Mr. Veerakathiravan Additional Advocate General Assisted by Mr. A.K. Manikkam Standing Counsel for State

O R D E R

This Writ Petition has been filed to call for the records pertaining to the impugned order, dated 23.06.2021 passed in R.C.No.4339/2020-1, by the 3rd respondent and quash the same and 1/3

consequently, direct the respondents to appoint the petitioner (Registration No.2402603) as Grade - II Constable, Grade II Jail Warders and Fireman in the Tamil Nadu Uniformed Services Recruitment Board 2019 forthwith.

2. Heard Mr. R. Venkatesan, learned Counsel appearing for the petitioner and Mr. Veerakathirvan, learned Additional Advocate General, assisted by Mr. A.K. Manikkam, learned counsel appearing for respondents.

3. The Petitioner has applied for the post of Grade - II Constable, Grade-II Jail Warders and Fireman in the Tamil Nadu Uniformed Services Recruitment Board 2019 called for by the respondents and submitted the application in Registration No.2402603. The petitioner appeared for the written examination and was successfully passed on the same. The respondents called the petitioner to appear for the Medical examination and in the Medical Examination also, he was provisionally selected and subsequently, during the police verification, it was found that the petitioner was involved in Crime No.51 of 2017 registered for the offence under Sections 143,188,341 of IPC and Crime No. 70 of 2017 for the offence under Section 151 CPC, and the same were pending at the time of submitting the application by the petitioner. However, the said fact was not disclosed in the application and hence, the petitioner's application was rejected.

4. The learned counsel appearing for the petitioner would submit that earlier the petitioner has filed Writ Petition in WP (MD).No.8264 of 2020 before this Court and this Court vide order dated 09.04.2021 directed the 3rd respondent to re-scrutinize the petitioner's candidatures, in the light of the observations made in the said Writ Petition and and pass fresh orders within a period of six weeks. Again, the respondents have rejected the said claim of the petitioner and hence, the petitioner has come forward with the present Writ Petition before this Court.

5. According to the petitioner, the present application has been rejected on the ground that the petitioner has not disclosed the material facts relating to the aforesaid criminal case in Crime No.51 of 2017 registered for the offence under Sections 143,188,341 of IPC and Crime No. 70 of 2017 for the offence under Section 151 CPC. In view of the rejection order, the petitioner has a legal impediment to apply if any fresh notification issued by the 4th respondent. Therefore, the petitioner seeks liberty to make an application when the next fresh notification called for by the respondents.

6. Considering the facts and circumstances of the case, this Court is of the view that if any fresh notification called for selection for future, it is open to the petitioner to apply and the same shall be considered by the respondents on merits and in 2/3

accordance with law.

7. Accordingly, the Writ Petition is disposed of with the above liberty. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) trp To 1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008.

2. The Director General of Police, O/o. the Director General of Police, Chennai - 4.

3.The Superintendent of Police, Madurai District, Madurai.

4.The Sub Inspector of Police, Alanganallur Police Station, Madurai District.

+1 CC to M/s.SPL.GP ( SR-32557[F] dated 26/10/2021 ) WP(MD) No.11517 of 2021 and WMP(MD).No.9037 of 2021 25.10.2021 TR/JGB(15.11.2021) 3P 6C 3/3