C.Senthilkumar, v. The Member Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.17788 of 2017 and WMP(MD)Nos.114337 to 14339 of 2017 C.Senthilkumar ... Petitioner Vs.
1. The Member Secretary, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 008.
2. Member, Sub Committee, Madurai Centre, Madurai City Armed Reserve Ground, Reserve Line, Madurai - 14.
... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings dated nil passed by the first respondent and quash the same as illegal, arbitrary and unconstitutional and consequently direct the respondents to award the required marks to the petitioner for his participation in District level, Division legal and State level sports event (long race) and further declare the petitioner as successful candidate having the required marks as fixed by the respondents for the Scheduled Community candidates. For Petitioner : Mr.A.K.Manickam For Respondent : Mr.B.Pugalendhi, Additional Advocate General Asst.by Mr.A.K.Bhaskarapandian, Special Government Pleader
O R D E R
The petitioner took part in the selection process for recruitment to the post of Police Constable Grade - II/Jail Warden/Fireman for the year 2017. In that process, the petitioner was awarded 66.5 marks. The cut off marks would be 67 for Scheduled Caste category candidates.
2.The grievance of the petitioner is that though he is an athlete, no special marks were awarded for his accomplishments in sports. As per the information brochure, one marks ought to have been awarded to him.
3.The stand of the respondents is that the writ petitioner failed to produce the sport certificate in original before the Sub Committee.
4.The learned counsel appearing for the writ petitioner asserts that the writ petitioner had taken part in the Tamil Nadu State Level competition. Therefore, he would come under category 4 of para 31 of the information brochure.
5.Be that as it may, since it is now evident that the petitioner participated in a Tamil Nadu State Level competition, he would be eligible for getting 1 special mark (extra mark). In such an event, the writ petitioner would obviously be eligible for appointment.
6.The respondents are 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
1. The Member Secretary, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 008.
2. Member, Sub Committee, Madurai Centre, Madurai City Armed Reserve Ground, Reserve Line, Madurai - 14.
+ 1 cc TO The Special Government Pleader in SR No. 40638 + 1 cc TO Mr.A.K.Manickam , Advocate in SR No. 40435 Arul AE/KK/SAR1/25.01.2018/3P/5C W.P(MD)No.17788 of 2017 and WMP(MD)Nos.14337 to 14339 of 2017 04.01.2018