Subash.P v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.17761 of 2022 P.Subash ... Petitioner Vs.
1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, No.807, P.D.V. Sengalvarayanaicker Maligai, Anna Salai, Chennai - 2.
2.The Director, Fire and Rescue Services Department, Rukkumani Lashimpathi Salai, Egmore, Chennai - 18.
3.The Superintendent of Police, Tirunelveli District, Tirunelveli.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No.10824/A1/2019 dated 24.08.2022 quash the same and 1/4
consequently directing the respondents to issue an order of appointment to the petitioner as Grade II Police along with the selected candidates in the notification year 2020-2021 with pay all other monetary and service benefits. For Petitioner : Mr.M.Pandian For Respondents : Mr.Veerakathiravan, Additional Advocate General, Assisted by Mr.A.K.Manikkam, Spl. Government Pleader.
ORDER
Heard the learned counsel for the writ petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader for the respondents.
2.The respondent board issued notification dated 17.09.2020 calling for applications Grade II Police Constable/Grade II Jail Warden/Fireman. The writ petitioner applied in response thereto. He is an aspirant for the post of Fireman. Even though he successfully cleared the test, he had been disqualified by citing G.O.(Ms) No.386, Home (Police-XVII) Department dated 14.09.2021. I have set aside similar disqualification order on 13.10.2022 in W.P.(MD)Nos.21216 of 2022 etc batch. In the light of the same, the impugned order has to be set aside. 2/4
It is accordingly set aside and the writ petition is allowed. However, it is brought to my notice that the petitioner is guilty of suppression. The impugned order is silent on this score. I, therefore, grant liberty to the second respondent to revisit the issue on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. 11.11.2022 Index : Yes / No Internet : Yes/ No ias To:
1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, No.807, P.D.V. Sengalvarayanaicker Maligai, Anna Salai, Chennai - 2.
2.The Director, Fire and Rescue Services Department, Rukkumani Lashimpathi Salai, Egmore, Chennai - 18.
3.The Superintendent of Police, Tirunelveli District, Tirunelveli.
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G.R.SWAMINATHAN, J.
ias 11.11.2022 4/4