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Madras High CourtWP(MD)/17627/2017allowed

C.Bharathi, v. The Tamilnadu Uniformed

2018-01-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.17627 of 2017 and WMP(MD)Nos.14182 to 14184 of 2017 C.Bharathi ... Petitioner Vs.

The Tamil Nadu Uniformed Services Recruitment Board, Rep.by its Vice Chairman, Having Office at Old Commissioner of Police Office Campus, Pantheon, Egmore, Chennai - 600 008.

... Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of of Certiorarified Mandamus, to call for the records pertaining to the impugned Provisional Selection List published in the respondent website dated 31.08.2017 in respect of the selection process based on the notification issued by the respondent vide Advertisement No.117 calling for the applications for the post of Police Constable Grade - II (M&W), Jail Warders Grade-II (M&W) and Fireman and quash the same as illegal and consequently to appoint the petitioner as a Grade -II Police Constable or Jail Warders GradeII or Fireman by adding the Special 2 Marks for his NCC Certificate and for other reliefs.

For Petitioner : Mr.J.Lawrance For Respondent : Mr.B.Pugalendhi, Additional Advocate General Asst.by Mr.A.K.Bhaskarapandian, Special Government Pleader

O R D E R

The petitioner is a candidate for the post of Police Constable Grade - II (M&W), Jail Warders Grade-II (M&W) and Fireman. In the recruitment process held in the year 2017, the petitioner was awarded 67 marks. The petitioner belongs to reserved Scheduled Caste category.

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2.According to the writ petitioner, he is the holder of NCC "B" Certificate. It is his contention that the respondent board ought to have been awarded 1 mark being possessing the said certificate.

On account of the denial of awarding special marks for possessing NCC "B" Certificate, he denied appointment. 3.The case of the respondent is that the writ petitioner failed to produce the said certificate in original before the concerned Sub Committee. The learned Additional Advocate General drew the attention of this Court to Clause 30 of the Information Brochure.

4.The learned counsel appearing for the writ petitioner would however contend that the candidate actually produced the said certificate. Be that as it may, since it is now, the writ petitioner holding the said certificate, a direction is given to the respondent to award 1 extra mark. In such an event, the writ petitioner would obviously be eligible for appointment. 5.Therefore, the concerned Superintendent of Police viz., the Superintendent of Police, Dindigul District is therefore directed to issue appropriate appointment orders within a period of eight weeks from the date of receipt of a copy of this order. The writ petition stands allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Vice Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon, Egmore, Chennai - 600 008.

+1cc to Mr.Mr.J.Lawrance, Advocate Sr.No.40573 +1cc to The Spl. Government Pleader Sr.No.40815 SKM VB/SKN/RSK/SAR2/23/01/2018/2P/4C W.P(MD)No.17627 of 2017 and WMP(MD)Nos.14182 to 14184 of 2017 04.01.2018 https://hcservices.ecourts.gov.in/hcservices/