Madras High CourtWP(MD)/6982/2019disposed of

Tamil Nadu Silambattam Assoc. v. The Principal Secretary To

2022-04-21Honourable Mr Justice S.M. Subramaniam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) Nos.6982 to 6984 of 2019 and W.M.P.(MD) Nos.5573 to 5578 of 2019 call for the records relating to the notification dated 06.03.2019 1/5

bearing No.1/2019 issued by the Tamil Nadu Uniformed services Recruitment Board for Direct Recruitment for 2nd Grade Police (District and Corporation Armed force Women and Transgender), 2nd Grade Police (Tamil Nadu Special Police-Men), 2nd Grade Prison Police (Men and Women) and Fireman Service for the year 2019 on the file of the 3rd respondent and quash the same in so far as not including the Silambam as one of the Sports discipline in the Sports category and provide 3% reservation as contemplated under G.O.No.6, Youth Welfare and Sports Development (S1) Department dated 20.02.2019 the first respondent herein and consequently direct the 3rd respondent to include the Silambam as one of the Sports Discipline for Selection to the Sports category.

W.P.(MD) No.6983 of 2019 :- Tamil Nadu Uniformed Services Recruitment Committee (TNFUSRC) No.1, Jeenis Road, Panangal Maaligai, 8D-Floor, Saidapet, Chennai-600 015.

call for the records relating to the notification vide advertisement 2/5

bearing No.1/2019 dated 07.03.2019 Tamil Nadu Forest Uniformed Services Recruitment Committee (TNFUSRC) the 3rd respondent and quash the same in so far as not including the Silambam as one of the sports discipline in the Sports category and provide 3% reservation as contemplated under G.O.No.6 Youth Welfare and Sports Development (S1) Department dated 20.02.2019 issued by the first respondent herein and consequently direct the third respondent to include the Silambam as one of the Sports Discipline for selection to the Sports category.

W.P.(MD) No.6984 of 2019 :- call for the records relating to the notification dated 08.03.2019 bearing No.2/2019 issued by the Tamil Nadu Uniformed services Recruitment Board for Direct Recruitment for Police Sub Inspector (Taluk Armed police and Special Police Force) for the year 2019 on 3/5

the file of the 3rd respondent and quash the same in so far as not including the Silambam as one of the sports discipline in the Sports category and provide 3% reservation as contemplated under G.O.No.6, Youth Welfare and Sports Development (S1) Department dated 20.02.2019 the first respondent herein and consequently direct the 3rd respondent to include the Silambam as one of the Sports Discipline for Selection to the Sports category. In all W.Ps.

For Petitioner :

Mr.U.Karunakaran For Respondents :

Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Special Government Pleader ****** COMMON ORDER The petitioners have filed the present writ petitions seeking the prayer to include "Silambam" as one of the sports discipline in the Sports category and provide 3% reservation as contemplated under G.O.No.6, Youth Welfare and Sports Development (S1) Department, dated 20.02.2019.

2. The petitioners state that Tamil Nadu Silambattam Association is formed with an aim and object to develop the martial art of Silambam as one of the sports tantamount to modern sports recognised by the State as well as the Nation. The members of the petitioner-Association are trained in Silambattam. Therefore, the present writ petitions are filed seeking reservation for the candidates, who have trained in Silambam.

3. The learned Additional Advocate General appearing on behalf of the respondents brought to the notice of this Court that the petitioners have filed the writ petitions questioning the selection of the year 2019. However, the Government considered the claim of the petitioners and issued G.O.(Ms) No.46, Youth Welfare and Sports Development (S1) Department, dated 29.10.2021 granting 3% reservation in selection for appointment of meritorious sportspersons in the recruitment for identified posts in Government Departments and PSUs including Silambattam as sports discipline.

4. In view of the fact that the Government considering the claim of the petitioner-Association, issued Government Order redressing the grievances, the eligible members of the petitionerAssociation are at liberty to participate in the current selection process. However, the Government Order cannot be given with retrospective effect so as to invalidate the selection process 4/5

already concluded before issuance of the Government Order in G.O. (Ms).No.46, dated 29.10.2021.

5. With the above observations, these Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (ADMIN-I) // True Copy // / /2022 Sub Assistant Registrar(CS) abr To

5. The Member Secretary, Tamil Nadu Uniformed Services Recruitment Committee (TNFUSRC), No.1, Jeenis Road, Panangal Maaligai, 8D-Floor, Saidapet, Chennai-600 015.

+3 CC to M/s.K. AZHAGURAMAN, Advocate ( SR-20322[F] dated 22/04/2022 ) W.P.(MD) Nos.6982 to 6984 of 2019 21.04.2022 RK(24/05/2022) 5P 9C 5/5