R.Shanthi v. The Tamil Nadu Uniformed

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P[MD]No.17203 of 2015 and M.P.[MD]Nos.1 & 2 of 2015 R.Shanthi ... Petitioner Vs.

1.The Tamil Nadu Uniformed Services, Recruitment Board, Represented by the Member Secretary, No.807, P.T. Lee.Chengalvaraya Naicker Maaligai, Annasalai, Chennai - 600 002.

2.The Director General of Police, Beach Road, Chennai - 600 004.

3.The Chairman, Recruitment Sub Committee, Madurai Centre, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai - 600 008.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notification No.01/2015 dated 08.02.2015 on the file of the first respondent and the consequential disqualification slip in C.No.R2/315/2015, dated 04.08.2015 on the file of the third respondent and quash the same as illegal to the extent of clause 4 d(b) iv of the notification requiring that the candidates should get minimum one star in each event and consequently to direct the respondents to consider the petitioner for appointment to the post of sub-inspector of police on as per the marks secured by the petitioner both in the written examination and in the physical efficiency test (petitioner) within the time stipulated by this Court.

For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.S.Dhayalan Government Advocate 1/6

O R D E R

The relief sought for in the present writ petition is to quash the disqualification slip dated 04.08.2015, disqualifying the writ petitioner in the process of selection for appointment to the post of Sub- Inspector of Police in the year 2015. 2.The writ petitioner, pursuant to the recruitment notification, participated in the process of selection for appointment to the post of Sub-Inspector of Police. The petitioner succeeded in the written examination and was subjected to physical verification test, endurance test and other connected examinations. In respect of 200 meters run, the last candidate selected crossed the 200 meters run within 38 seconds. Thus, the cut off time for 200 meters run was fixed as 38 second for one star. However, the writ petitioner had taken 41.97 seconds. In view of the fact that the writ petitioner had not secured one star in 200 meters run, she was not selected.

3.This Court is of the considered opinion that a candidate who had not secured the requisite marks or star for the purpose of selection cannot file a writ petition for the purpose of providing appointment. The eligibility criteria and the tests prescribed must be followed scrupulously as the selection itself is for the uniformed services. There cannot be any compromise in respect of the eligibility and the physical verification test etc., for recruitment to the post of Sub-Inspector of Police. This being the procedures to be followed, the writ petitioner who was not successful in 200 meters run in the selection of the year 2015 cannot seek a direction to select and appoint her to the post of Sub-Inspector of Police. This being the factum of the case, this Court is of the opinion that the writ petitioner has not established any acceptable reasons for the purpose of granting the relief as such sought for in the present writ petition.

4.Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar To 1.The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, No.807, P.T. Lee.Chengalvaraya Naicker Maaligai, Annasalai, Chennai - 600 002.

2/6

2.The Director General of Police, Beach Road, Chennai - 600 004.

3.The Chairman, Recruitment Sub Committee, Madurai Centre, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai - 600 008.

+1 CC to M/s.M.THIRUNAVUKKARASU, Advocate ( SR-78360[F] dated 30/07/2019 ) +1 CC to M/s.SPL GP ( SR-78861[F] dated 31/07/2019 ) W.P[MD]No.17203 of 2015 29.07.2019 mr JM/08.08.2019/3P-6C 3/6