D.Thirumoorthi v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.29601 of 2024 and W.M.P.(MD).No.24994 of 2024 D.Thirumoorthi ... Petitioner vs
1. The Director General of Police, Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai-600 008.
2. The Chairman, TamilNadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
3. The Inspector of Police, Reddiyarchatram Police Station, Dindigul District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to directing the 1st Respondent to appoint the petitioner (Enroll No.4204279) in the post of Jail Warder on the basis of marks secured by him in the light of representation dated 28.11.2024. 1/4
For Petitioner : Mr.C.M.Mari Chelliah Prabhu For Respondent Nos.1 to 3 : Mr.Veera Kathiravan, Additional Advocate General Assisted by Mr.A.Baskaran, Additional Government Pleader
O R D E R
The instant writ petition has been filed by an Aspirant to the post of Jail Warder pursuant to the notification issued by the Tamilnadu Uniformed Service Recruitment Board, in Notification No.2 of 2023 dated 08.08.2023.
2. The petitioner has cleared the written examination as well as the physical endurance test. However, his name was not found in the provisional selection list. Hence, the petitioner has filed the present writ petition.
3. A perusal of the documents annexed to the writ petition reveal that the petitioner was implicated in a criminal case in Cr.No.506 of 2020, on the file of the Reddiyarchatram Police Station, Dindigul District. However, his name was deleted from the charge sheet on 20.07.2021. The petitioner has specifically mentioned about the involvement in the criminal case in his application and there is no suppression. The notification for recruitment has 2/4
been issued two years, after the date on which the petitioners name was deleted from the charge sheet. Therefore, there is no legal impediment for considering the name of the petitioner for being appointed, if he is otherwise qualified.
4. In view of the above said facts, the first and second respondents are directed to consider the representation of the petitioner dated 28.11.2024, and pass orders within a period of four weeks from the date of receipt of a copy of this order, in the light of the observations made by this Court.
5. With the above said observations this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4
R.VIJAYAKUMAR,J.
gvn To
1. The Director General of Police, Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai-600 008.
2. The Chairman, TamilNadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
3. The Inspector of Police, Reddiyarchatram Police Station, Dindigul District.
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