T.Dinesh Pandian v. The Tamil Nadu Uniformed
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.3740 of 2014 and M.P.(MD)No.1 of 2014 T.Dinesh Pandian ... Petitioner -Vs1.The Tamil Nadu Uniformed Services, Recruitment Board, Rep. by its Chairman, Chennai.
2.The Superintendent of Police, Trichy.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider petitioner's name and select him for the post of Tamil Nadu Police Youth Bregade.
For Petitioner : Mr.J.Anandkumar For Respondents : Mr.S.Dhayalan Government Advocate
ORDER
The relief sought for in the present writ petition is for a direction to direct the respondents to consider the petitioner's name and select him for the post of Tamil Nadu Police Youth Bregade.
2.The writ petitioner pursuant to the recruitment notification for appointment to the post of Tamil Nadu State Police Youth Bregade submitted his application. The petitioner had participated in the written examination and he was successful in the examination. The petitioner scored 53 marks in the written examination. Subsequently, the writ petitioner was permitted to appear for physical verification test, efficiency test, endurance test and medical test. The writ petitioner was successful in all
the examinations and was awaiting an order of appointment. Under these circumstances, the case of the writ petitioner was not considered by the competent authorities / respondents on the ground that the writ petitioner was not selected. Thus, the writ petitioner is constrained to file the present writ petition. 3.The learned counsel appearing on behalf of the writ petitioner made a submission that the cut off mark for Trichirapalli District was fixed as 52 for BC category. The writ petitioner scored 53 marks and therefore, he is above the cut off mark and accordingly, he is entitled to be appointed as Youth Bregade.
4.The learned Government Advocate on instructions produced the copy of the cut off marks. As rightly contended by the learned counsel for the petitioner that the first cut off marks released the District wise for PMT, PET and CV shows that the cut off mark for BC community in Trichirapalli District is 52. However, the learned Government Advocate states that the first cut off mark was issued based on the written examination and the final cut off mark was arrived subsequently, after completion of the test and at the time of selection. Thus, the cut off mark finally issued District wise states that the cut off mark for the Trichirapalli District is 55.
5.When this Court asked a question to the respondents whether any other candidate, who scored below 55 under the BC category was appointed or not. The learned Government Advocate on instructions ensured that no candidate, who scored below 55 in Trichirapalli District under the BC category, was appointed as Youth Bregade. In view of the submissions that the cut off mark for BC category in Trichirapalli District was fixed as 55 and no other candidate, who scored below 55 under the BC category, was appointed as Youth Bregade in Trichirapalli District. This Court is of the considered opinion that the relief sought for to appoint the writ petitioner based on the cut off mark cannot be granted. Under these circumstances, the writ petitioner has not established that there is any irregularity or illegality in the process of selection.
6.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS )
To 1.The Chairman, Tamil Nadu Uniformed Services, Recruitment Board, Chennai.
2.The Superintendent of Police, Trichy.
+1 CC to Mr.J.ANANDKUMAR, Advocate SR-76140.
W.P.(MD).No.3740 of 2014 18.07.2019 CS(29.07.2019) 3P 4C