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Madras High CourtWP(MD)/22538/2021dismissed

Niraimathi .M v. The Chairperson

2022-01-11Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 11.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Niraimathi ... Petitioner Vs 1.The Chairperson, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai.

2.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to revise the mark statement of the petitioner in the written test and physical efficiency test for common recruitment for the post of of Gr.II Police Constable, Gr.II Jail Warder and Fireman, 2020 conducted by the Tamil Nadu Uniformed Services Recruitment Board and call for medical fitness test by including the petitioner in the final provisional selection list as per the representation made by the petitioner dated 30.11.2021.

For Petitioner : Mr.K.K.Kannan For Respondents : Mr.Veerakathiravan, Additional Advocate General, assisted by Mr.S.Saji Bino, Special Government Pleader

ORDER

This writ petition has been filed for a direction to the respondents to revise the mark statement of the petitioner and to include the petitioner in the final selection list by considering her representation.

2.The petitioner has taken part in the Common Recruitment for the Posts of Gr.II Police Constable, Gr.II Jail Warder and Fireman, 2020 by applying under the sports quota. She has not been selected, as she has secured 43 marks, which is below the cut marks.

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3.The learned Counsel for the petitioner submits that the petitioner has applied under the sports quota and submitted all the sports certificates in the prescribed format. However, marks sheet has been issued as if she has secured 43 marks in the written test and no special marks have been provided for the sports certificates and the physical efficiency test marks were also not taken into consideration. Therefore, the petitioner is before this Court. 4.The learned Additional Advocate General appearing for the respondents submits that the petitioner has applied under the sports quota and she has secured 43 marks in the written examination.

The sports certificate produced by the petitioner is issued by a sports association, which is not a recognised association and not mentioned in the list of recognised associations in the Annexure-9 of the information brochure, dated 17.09.2020. Therefore, she was not considered under the sports quota. Instead of rejecting her candidature, she was considered under the General Category, under which, 46 is the cut off mark in the written test. As the petitioner has scored 43 marks, she has not been selected to the next level of selection process.

5.This Court has paid its anxious consideration to the rival submissions and perused the materials placed on record. 6.The petitioner has appeared in the selection process for appointment to the post of Gr.II Police Constable, Gr.II Jail Warder and Fireman, 2020 and she has applied under sports quota. According to the learned Additional Advocate General though the petitioner has applied under the sports quota, the sports certificate produced by the petitioner was not obtained from the recognised sports association, but obtained from some other sports association. Therefore, the petitioner could not be considered under the sports quota and she was considered under the general category, for which 46 is the cut off mark in the written test, but the petitioner has obtained 43 marks only in the written test. Since the petitioner has not obtained the sports certificates as specified and she has not secured the required cut off marks, the claim of the petitioner cannot be considered.

7.In the result, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) dsk 2/3

Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Chairperson, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai.

2.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai.

+1 CC to M/s.K.K.KANNAN, Advocate ( SR-1666[F] dated 19/01/2022 ) 11.01.2022 RK(17/03/2022) 3P 4C 3/3