S. Pappa v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2021

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD).Nos.15424 & 15425 of 2020 S.Pappa ... Petitioner Vs.

1.The State of Tamil Nadu, represented by its Member Secretary, Tamilnadu Uniformed Services, Recruitment Board, Pantheon Road, 2.The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, 3.M.Muthulakshmi ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 & 2 to permit the petitioner to participate in VIVA VOCE and other selection process in the recruitment to the post of Sub-Inspector of Police, (Taluk, AR & TSP) (MEN & WOMEN) under department quota pursuant to the notification of the 2nd respondent in Notification No.2 of 2019 dated 08.03.2019.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.K.Chellapandian Additional Advocate General for R1 & R2

O R D E R

This writ petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 & 2 to permit the petitioner to participate in VIVA VOCE and other selection process in the recruitment to the post of Sub-Inspector of Police, (Taluk, AR & TSP) (MEN & WOMEN) under Department quota, pursuant to the notification of the 2nd respondent in Notification No.2 of 2019 dated 08.03.2019.

2.Heard Mr.R.Maheswaran, learned counsel, appearing for the petitioner and Mr.K.Chellapandian, learned Additional Advocate General, appearing for the respondents 1 and 2. 3.The petitioner herein had participated in the recruitment process for the post of Sub-Inspector of Police, (Taluk, AR & TSP) (MEN & WOMEN) under the Departmental candidates quota. The 1/3

grievance of the petitioner is that though her name was shown to have been provisionally selected, subsequently, 0.5 marks were reduced out of the total marks secured and whereby, her selection was cancelled.

4.The learned Additional Advocate General, relied upon the averments in the counter affidavit and submitted that the petitioner was assigned with the question paper booklet series 'A' and secured 59.5 marks in the written examination. Incidentally, some other Departmental Candidates have filed a writ petition in W.P.No.8675 of 2020, before this Court, questioned the answer key published, the Tamil Nadu Uniformed Service Recruitment Board had taken a decision to award 0.5 mark to the answer for the question in Sl.No.131 of 'A' series as 'D'. Thus 0.5 mark was awarded for 9104 Departmental candidates and consequently, 0.5 mark was reduced to 1944 Departmental candidates. The petitioner herein is one among such candidates, to whom 0.5 mark was reduced.

5.I see some justification in the manner, in which, 0.5 mark came to be reduced, not only in the case of the petitioner, but also to the other Departmental candidates and hence, there is no malafide in such reduction. In view of the same, I do not find any merit in the grounds raised by the writ petitioner.

6.Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (crl.side) // True Copy // / /2021 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Member Secretary, The State of Tamil Nadu, Tamilnadu Uniformed Services, Recruitment Board, Pantheon Road, 2/3

2.The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, 07.01.2021 DKS(CO) KB(29.01.2021) 3P 3C 3/3