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Madras High CourtWP(MD)/18690/2017allowed

C.Maharaja v. The Chairman

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.18690 of 2017 and WMP(MD)No.15075 of 2017 C.Maharaja ... Petitioner Vs.

The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, 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, calling for the records pertaining to the impugned results published by respondent through his official website dated nil in connection with the Common Recruitment for the post of Tamilnadu Special Police Constable Grade - II/Jail Warden/Fireman for the year 2017 and quash the same and consequently direct the respondent to appoint the petitioner as Tamilnadu Special Police Constable Grade II for the year 2017.

For Petitioner : Mr.C.Jeganathan for M/s.Veera Associates 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/Jail Warden/Fireman. In the recruitment process held in the year 2017, the petitioner was awarded 64 marks. The petitioner belongs to Backward class category.

2.According to the writ petitioner, he is a holder of NCC "C" Certificate. It is his contention that the respondent board ought to have awarded 2 special marks since he is possessing the said certificate.

On account of the failure to award special marks for possessing NCC "C" Certificate, he was denied appointment. https://hcservices.ecourts.gov.in/hcservices/

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 admitted that the writ petitioner is a holder of the "C" certificate, a direction is given to the respondent to award 2 special marks (extra marks). In such an event, the writ petitioner would obviously be eligible for appointment.

5.The respondent 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 petition is closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Chennai - 600 008.

+ 1 CC TO M/s.VEERA ASSOCIATES, IN SR No. 40557 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 40639 TE/SKN-RSK/SAR-2 : 23/01/2018 : 2P/4C W.P(MD)No.18690 of 2017 and WMP(MD)No.15075 of 2017 04.01.2018 https://hcservices.ecourts.gov.in/hcservices/