K.Kavitha, D/O.Kaliraj, v. State Of Tamil Nadu, Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.15625 of 2017 and W.M.P.(MD)No.12352 of 2017 D.Kavitha ... Petitioner Vs.

1.State of Tamil Nadu, rep. By its Chief Secretary, Secretariat, Fort St.George, Chennai-9.

2.The Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai-9.

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

4.The Chairman, Tamil Nadu Uniform Recruitment Board, Egmore, Chennai - 8.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to provide reservation for the Women candidates for forthcoming recruitment for the post of Tamil Nadu Special Police Youth Brigade vide Notification of the year 2017. For Petitioner : Mr.P.Subbaraj For Respondents : Mr.B.Puzhalendhi, Additional Advocate General Assisted by Mr.A.K.Baskara Pandian Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal at the stage of admission itself.

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

3. This writ petition has been filed seeking a direction to provide reservation for the women candidates for recruitment to the post of Tamil Nadu Special Police Youth Brigade vide notification of the year 2017.

4. The learned counsel appearing for the petitioner would submit that anticipating the issuance of notification for recruiting women candidates for the forthcoming recruitment for the post of Tamil Nadu Special Police Youth Brigade, the petitioner has been undergoing training from 2011 onwards, in order to clear the examination conducted by the Tamil Nadu Uniformed Police Service. However, the first respondent, while issuing G.O.(Ms).No.431, dated 01.07.2013 for the selection of Tamil Nadu Special Police Youth Brigade, no reservation was made in favour of women candidates. As a result, no women candidates were able to take part in the previous selection process and the petitioner was also not qualified in the year 2013.

Since the petitioner has averred that the respondents, while issuing the future notification calling for eligible women candidates for the post of Special Police Youth Brigade would not make any reservation for women, a representation has been given to the respondents on 06.07.2017 requesting the respondents to provide reservation for women to the Tamilnadu Special Police Youth Brigade. The said representation was also served on the respondents, but even after the receipt of the same, the respondents have not considered the same so far and no orders have been passed.

6. Mr.B.Puzhalendhi, learned Additional Advocate General, submitted that for the post of Tamil Nadu Special Police Youth Brigade, only men candidates are selected and as a policy, the Government had decided not to reserve any post in view of the peculiar situation going to be faced only by women candidates. Therefore, the prayer of the petitioner, in the writ petition is untenable and unjustifiable. Hence, this Writ Petition is liable to be dismissed.

7. Recording the submission of the learned Additional Advocate General that the Government has taken a policy decision not to reserve any seat for women candidates in the Tamil Nadu Special Police Youth Brigade, this Court is unable to entertain the Writ Petition. Accordingly, this Writ Petition fails and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar

To 1.The Chief Secretary, State of Tamil Nadu, Secretariat, Fort St.George, Chennai-9.

2.The Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai-9.

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

4.The Chairman, Tamil Nadu Uniform Recruitment Board, Egmore, Chennai - 8.

+1cc to Special Government Pleader, SR.No. 73836 +1cc to M/S.P.Subbaraj, Advocate SR.No. 73382 W.P.(MD)No.15625 of 2017 and WMP No.12352 of 2017 21.08.2017 RR JM/JC/SAR 2/31.10.2017/3P/7C