Raja v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.18779, 18780 & 18783 of 2022 Raja ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Home (Police V) Department, For St.George, Chennai-9.

2.The Director General of Police, Tamil Nadu, Chennai 600 004.

3.The Chairman, Tamil Nadu Uniform Service Recruitment Board, Chennai-08.

4.The Secretary, All India Police Sports Control Board, Hall No.002, Ground Floor, IBCTS Building, Gate No.4, Kuan, New Delhi.

5.The Chair Person, Sub Committee / Certificate Verification Committee, C/o. TNUSRB Office, 1/6

Chennai.08.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order passed by the fifth respondent insofar as Form issued under Annexure-10 of the notification of direct recruitment for the post of Sub Inspector of Police (Taluk & AR), 2022, dated 08.03.2022 and quash the same as illegal and direct the respondents to permit the petitioner to participate in next phase of selection namely viva-voce either under SC sports/PSTM quota or SC Sports Quota. For Petitioner : Mr.S.Chellapandian For Respondents : Mr.Veerakathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Special Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader assisted by the Special Government Pleader appearing for the respondents.

2. The writ petitioner is presently working as Grade-I Police Constable. He applied in response to the recruitment notification issued by TNUSRB for the post of Sub Inspector of Police. The petitioner is applying under open 2/6

quota. According to the petitioner, he must be considered under 10% sports quota as well as PSTM category. It is seen that the petitioner has taken part in the All India Inter-University Tournament in the Hockey event (Men) which was held during the period from 01.03.2017 to 11.03.2017.

3. The stand of the board is that the candidates applying under 10% sports quota must produce the relevant certificate for an event held within five years preceding the date of notification ie., from 08.03.2017 to 07.03.2022. Form III certificate produced by the petitioner indicates that the event was held from 01.03.2017 to 11.03.2017. It is not clear as to whether the petitioner had taken part in any event held from 08.03.2017 to 11.03.2017.

4. I sustain the contention advanced by the learned Additional Advocate General that though the event must have been held from 01.03.2017 to 11.03.2017, that is not decisive or determinative of the issue. The candidates must have taken part in the event that was held from 08.03.2017 to 07.03.2022. Therefore, the petitioner has to produce the certificate from the issuing authority certifying that the petitioner took part in the aforesaid event during 08.03.2017 to 11.03.2017. If such a certificate is produced, the petitioner will be considered under 10% sport quota also.

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5. Considering the special facts and circumstances obtaining in this case, the petitioner is given 7 days from today to produce such a certificate. As regards consideration under PSTM category, the issue has been prematurely raised. It is not for this Court to consider such contention at this point of time.

6. The Writ Petition is disposed of with the aforesaid direction. No costs. 31.10.2022 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 31.10.2022 To 1.The Secretary, Home (Police V) Department, For St.George, Chennai-9.

2.The Director General of Police, Tamil Nadu, Chennai 600 004.

3.The Chairman, Tamil Nadu Uniform Service Recruitment Board, Chennai-08.

4.The Secretary, All India Police Sports Control Board, Hall No.002, Ground Floor, IBCTS Building, Gate No.4, Kuan, New Delhi.

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5.The Chair Person, Sub Committee / Certificate Verification Committee, C/o. TNUSRB Office, Chennai.08.

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G.R.SWAMINATHAN, J.

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