Madras High CourtWP(MD)/10663/2016dismissed

Aji Kumar .A v. The Secretary To Government

2023-04-21Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.04.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.10663 of 2016 and W.M.P(MD).Nos.8271 of 2016 & 5684 of 2017 Aji Kumar.A ... Petitioner Vs.

1.The Secretary to Government of Tamil Nadu, Home Department, Fort St George, Chennai 600 009.

2.The Director General of Police, Tamil Nadu Police Service, Kamarajar Salai, Chennai.

3.The Chairman, Uniformed Service Recruitment Board, No.807, P.T.Lee Changalvarayar Maligai, Anna Salai, Chennai 600 002.

4.The Deputy Inspector General, Tirunelveli Range, Tirunelveli.

5.The Superintendent of Police, Kanyakumari District, Nagercoil.

6.The Residential Medical Officer, Medical College, Asaripallam, Kanyakumari District.

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7.The Chief Medical Officer, Asaripallam Government Hospital, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Rejection Letter in Na.Ka.No. 3/42000/2013 dated 14.02.2014 issued by the fifth respondent and to quash the same and consequently direct the third respondent to appoint the petitioner to the post of Tamil Nadu Special Police Youth Brigade (Male) 2013-2014.

For Petitioner : Ms.R.Karthika Ms.U.Anunitha For Respondents : Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed against the impugned Rejection Letter in Na.Ka.No.3/42000/2013 dated 14.02.2014 issued by the fifth respondent and consequently to direct the third respondent to appoint the petitioner to the post of Tamil Nadu Special Police Youth Brigade (Male) 2013-2014. 2/6

2. The respondents had conducted a recruitment process by calling for the eligible candidates through notification. The petitioner had attended the written test on 10.11.2013 for Police Youth Brigade (male) for the selection conducted for the year 2013-2014 and also completed the physical measurement test. The petitioner was a successful candidate, but failed in medical examination. The respondents had issued the rejection letter in Na.Ka.No.3/42000/2013 dated 14.02.2014. The petitioner however claims, that the respondents have not intimated the rejection to the petitioner. It is seen that the impugned order was passed on 14.02.2014 and the same was issued to the petitioner and the petitioner had acknowledged the same vide intimation dated 20.01.2014. Therefore, the contention of the petitioner that he was not intimated is incorrect.

3. The next contention of the petitioner is that the respondents have not stated any reason for rejecting his candidature. When the petitioner approached the respondents earlier, the respondents communicated that the petitioner was not selected and the reason stated is that the petitioner is unfit and there is no specific reason stated in the impugned communication. Aggrieved over the same, the petitioner has filed the present writ petition. If the petitioner is aggrieved by the impugned order, 3/6

then the petitioner ought to have submitted representation along with a medical report. Thereafter the petitioner would be referred to medical board for further medical test, but the petitioner failed to invoke such opportunity.

4. Moreover, the petitioner has filed this writ petition after the lapse of two years. The recruitment process is already over and the selected candidates, after serving in the said post, would have been promoted by this time. Further the petitioner was 26 years of age at the time of filing of this writ petition. The maximum age that was prescribed for the recruitment is 26. Therefore, due to lapse of time this Court is not inclined to entertain this writ petition.

5. For all these reasons, the present writ petition is liable to be dismissed and accordingly dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 21.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sbn 4/6

To 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St George, Chennai 600 009.