I.Prakash Kumar, v. Tamilnadu Uniformed Services

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2023

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY I.Prakash Kumar ... Petitioner Vs.

1.Tamil Nadu Uniformed Services Recruitment Board, Represented by the Member Secretary, Old COP Office Campus, Pantheon Road, Egmore, Chennai-600 008.

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st respondent to treat the petitioner's application dated 22.03.2019 under Schedule Caste (PSTM) category in the recruitment to the post of Sub-Inspector of Police (TK, AR, TSP) 2019 in the light of the Section 3 (r) of the Tamil Nadu Government Servants (Conditions of Service Act) 2016 and Section 3(1) of the Tamil Nadu Appointment on Preferential basis in the services under the state of persons studied in Tamil Medium Act, 2010.

For Petitioner : Mr.S.Rajasekar For Respondents : Mr.Veera Kathiravan, Additional Advocate General, assisted by Mr.J.John Rajadurai, Government Advocate

ORDER

Heard Mr.S.Rajasekar, learned counsel appearing on behalf of the petitioner and Mr.Veera Kathiravan, learned Additional Advocate General appearing on behalf of the respondents.

2.The learned counsel for the petitioner would fairly submit that in view of the averments made in the counter affidavit, the petitioner in this particular case is not entitled for the relief prayed for, since he did not pay the required fee.

3.He would further submit that the question as to whether a candidate belonging to Schedule Caste after getting employment by availing reservation, can also seek further reservation as PSTM candidate in the subsequent recruitments, can be left open to be decided in an appropriate case.

4.Recording the said submissions made by the learned counsel for the petitioner, since the petitioner is not entitled to the relief prayed for, this Writ Petition is dismissed, however, by leaving the question of law open in an appropriate case. However, there shall be no order as to costs. 07.07.2023 NCC :Yes/No Internet :Yes/No Index :Yes/No Yuva To 1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old COP Office Campus, Pantheon Road, Egmore, Chennai-600 008.

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004.

D.BHARATHA CHAKRAVARTHY, J.

Yuva 07.07.2023