S.Kaleeswari v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM

THE HON'BLE MR JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR JUSTICE V.LAKSHMINARAYANAN and M.P.(MD).No.1 of 2015 S.Kaleeswari .. Appellant/Writ Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Home Department, St.George Fort, Chennai.

2.The Inspector General of Police cum the Member Secretary, Tamil Nadu Uniformed Service Recruitment Board, Chennai.

3.The Deputy Inspector General of Police, Dindigul Range and (Sub-Committee Chairman Ramanathapuram Center), Dindigul.

.. Respondents/Respondents

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to allow the Writ Appeal by setting aside the order passed in W.P.(MD).No.14354 of 2015 dated 12.08.2015 and allow the Writ Petition on the file of this Court. For Appellant : Mr.K.K.Kannan For Respondents : Mr.Veera Kathiravan, Additional Advocate General III

JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.) The intra Court appeal has been instituted against the order dated 12.08.2015 passed in W.P.(MD).No.14353 of 2015.

2. The appellant is presently serving as Grade-II Constable in Armed Reserve and she had submitted an application to participate in the process of direct recruitment to the post of Sub-Inspector of Police during the year 2015. During the relevant point of time, the appellant was pregnant and therefore, she was unable to participate in the physical efficiency test and endurance test. The Writ Petition was instituted seeking exemption from participating in the requisite physical fitness test and endurance test. The learned Single Judge considered the issues and found that the prescribed

tests for direct recruitment to the post of Sub-Inspector of Police is mandatory as per the recruitment rules and therefore, the relief sought for by the appellant cannot be granted.

3. The process of recruitment ought to be conducted scrupulously in accordance with the Rules in force and the appellant, during the relevant point of time, had admittedly not participated in the physical fitness test and endurance test. That being the factum, at this stage, re-considering the issues raised by the appellant does not arise at all and admittedly, the appellant had not participated in the required tests as per the Rules.

5. Accordingly, the Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

(S.M.S.,J.) (V.L.N.,J.) 03.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Secretary, The State of Tamil Nadu, Home Department, St.George Fort, Chennai.

2.The Inspector General of Police cum the Member Secretary, Tamil Nadu Uniformed Service Recruitment Board, Chennai.

3.The Deputy Inspector General of Police, Dindigul Range and (Sub-Committee Chairman Ramanathapuram Center), Dindigul.

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

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