A.Easwaran, S/O.K.Anguchamy v. The State Of Tamiln Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2017 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.14927 of 2017 and WMP(MD)Nos.11771 to 11773 of 2017 A.Easwaran ... Petitioner vs.
1. The State of Tamil Nadu, Rep. by its Secretary, Home Department, Secretariat, Chennai.
2. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, 807, Sengalvaraya Naicker Maligai, Anna Salai, Chennai.
3. The Director General of Police, Santhome, Chennai.
4. The Chairman, Recruitment Sub-Committee, Armed Reserve, Seelapadi, Trichy Main Road, Dindigul District.
... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notification issued by the second respondent in Advertisement No.117, dated Nil, for the common recruitment for the posts of Grade-II Police Constables [Male/Female/Transgender], Grade-II Jail Warders [Male & Female] and Fire Man [Male] for the year 2017 insofar as it does not provide for exemption to the Ex-servicemen in physical tests are concerned and the consequential disqualification slip issued by the fourth respondent, in his proceedings in C.No.R2/150/2017, dated 03.08.2017 and quash the same as illegal and consequently, to direct the respondents to consider the petitioner for appointment to the said post in conformity with Annexure - II r/w. Rule 14 of the Special Rules for Tamil Nadu Police Subordinate Service.
For Petitioner : Mr.C.Venkateshkumar For Respondents : Mr.B.Pugalendhi Additional Advocate General Assisted by Mr.A.K.Baskarapandian, Special Government Pleader
ORDER
Mr.A.K.Baskarapandian, learned Special Government Pleader takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal.
2.The petitioner has come to this Court challenging the impugned disqualification slip issued to him, who is an Exserviceman. 3.The petitioner having joined Indian Army as Driver on 23.04.1994 and discharged from Indian Army Service on 01.04.2015, have now applied for the post of Combined Recruitment of Grade - II Police Constables/Grade - II Jail Warders/Fireman - 2017. 4.The learned counsel for the petitioner would submit that as per the notification issued by the respondent inviting eligible candidates for the post of Combined Recruitment of Grade - II Police Constables/Grade - II Jail Warders/Fireman - 2017, all the candidates applied under the Ex-Serviceman quota, have to undergo physical test, which consists of physical measurement test, physical endurance test and physical efficiency test on par with general candidates.
As per Rule 14 of the Special Rules for Tamil Nadu Police Subordinate Service [in short ''the Rules''] r/w. Annexure II, all Ex-Servicemen, viz., the Ex-Servicemen served as Drivers, Auto Mechanics, Auto-Electricians and Armourers shall be exempted from undergoing physical measurement test and physical efficiency test for the post of Grade - II Police Constable. Therefore, the respondents cannot compel the petitioner to undergo physical measurement test and physical efficiency test against Rule 14 of the Rules.
5.Drawing the notice of this Court to Explanation (i) and (ii) appended to Annexure - II of the Rules in respect of Ex-Servicemen, the learned counsel for the petitioner submitted that in similar circumstances, this Court also disagreeing with the stand of the respondents insisting upon the Ex-Servicemen to undergo physical measurement test and physical efficiency test, held that Exservicemen are exempted from undergoing physical measurement test and physical efficiency test. While so, ignoring the Rule, exemption granted under Rule 14 of the Rules and also the ratio laid down by this Court in the case of M.Parthiban Vs. The State of Tamil Nadu, Rep. by the Secretary to Government, Home Department, Chennai
- 9 and others reported in 2012 (7) MLJ 826, the respondents cannot compel the petitioner once again to undergo physical measurement test and physical efficiency test for the post of Grade - II Police Constable.
6.It is relevant to extract Explanation (i) and (ii) appended to Annexure - II of the Rules.
''Explanation.-(i) The total percentage under sports quota and quota for dependents for serving Police Personnel etc shall not exceed 20%.
(ii) Ex-Servicemen served as Drivers, Auto Mechanics, Auto-Electricians and Armourers shall be exempted from undergoing physical measurement test and Physical Efficiency Test for the post of Gr. II PC.''
7.The learned Special Government Pleader appearing for the respondents submitted that although Rule 14 of the Rules r/w. Annexure II exempts all the Ex-Servicemen served as Drivers, Auto Mechanics, Auto-Electricians and Armourers from undergoing physical measurement test and Physical Efficiency Test for the post of Grade - II Police Constable, in the year 2014, the Government have issued G.O.(Ms)No.998, Home [Police VI] Department, dated 27.12.2014, deleting the provision namely, Explanation-II appended to Annexure - II of the Rules, granting exemption to Drivers, Auto Mechanics, Auto-Electricians and Armourers from undergoing physical measurement test and Physical Efficiency Test for the post of Grade - II Police Constable. Therefore, the petitioner cannot ask any more exemption, as there is no provision to enjoy exemption from undergoing physical efficiency test.
8.I fully agree with the submission made by the learned Special Government Pleader appearing for the respondents. This Court is unable to entertain the writ petition. Moreover, G.O.(Ms)No.998, Home [Police VI] Department, dated 27.12.2014, has done away with the exemption provision granted in favour of Ex-Servicemen served as Drivers, Auto Mechanics, Auto-Electricians and Armourers etc. 9.In the light of the above, this Writ Petition fails and the same is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar
To
1. The Secretary to Government of Tamil Nadu, Home Department, Secretariat, Chennai.
2. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, 807, Sengalvaraya Naicker Maligai, Anna Salai, Chennai.
3. The Director General of Police, Santhome, Chennai.
4. The Chairman, Recruitment Sub-Committee, Armed Reserve, Seelapadi, Trichy Main Road, Dindigul District.
+ 1 CC TO M/s.AJMAL ASSOCIATES, IN SR No. 72537 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 72594 SMN2 TE/MR-KKR/SAR-III : 06/09/2017 : 4P/7C WP(MD)No.14927 of 2017 and WMP(MD)Nos.11771 to 11773 of 2017 11.08.2017