Madras High Court
Prathap J vs Tamil Nadu Uniformed Services ... on 10 August, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.3757 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.3757 of 2020
and W.M.P.Nos.4437 & 4440 of 2020
Prathap J ... Petitioner
Vs.
1.Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Chairman(DGP)
Old Commissioner of Police Campus,
Pantheon Road, Egmore,
Chennai-600008.
2.The Chairman,
Sub Committee,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Campus,
Pantheon Road, Egmore,
Chennai-600008. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus, directing the respondents to consider and
dispose of petitioner's representation dated 12.02.2020 within a time frame
fixed by this Court and to consider the claim of the petitioner for appointment
for the post of Grade II Police Constable/Jail Warden, Firemen in the Common
Recruitment 2019 and pass such other or further orders.
For Petitioner : Mr.V.M.Venkataramana
For Respondents : Mr.P.Kumaresan, AAG
assisted by
Mrs.Sowmi Dattan, Standing Counsel
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.3757 of 2020
ORDER
Seeking directions to the respondents to consider the representation dated 12.02.2020 submitted by the petitioner, the present writ petition has been has filed.
2. The learned counsel for the petitioner has submitted that the petitioner has applied for the Common Recruitment 2019 for the post of GR-II PC, Jail Warden, Firemen under general quota and sports quota. The petitioner has cleared the written examination and secured 36 marks. The petitioner has also completed physical measurement test and physical efficiency test and during certificate verification held on 26.11.2019, he had produced all his original certificates. After verifying all the certificates, the petitioner was issued with Annexure 9A (Certificate verification form). To the shock, the petitioner's name was not listed in the provisional selection list published on 06.02.2020. The petitioner found his final score as 36 marks and the 15 marks secured by the petitioner in PET/PMT test has not been added to the petitioner's final score. The petitioner has made representation dated 12.02.2020 to the respondents to add his PMT/PET marks to the final score and to permit to take part in the further selection process. The representation is still pending before the respondents, hence the present writ petition. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.3757 of 2020
3. According to the learned counsel for the petitioner, the petitioner has submitted all the documents viz., Community Certificate, SSLC Certificate, PSTM Certificate, Highest Sports Certificate (quota) and Special marks for certificate verification. After certificate verification was completed , the petitioner was issued with Annexure 9 A. In column No. 3 of the Annexure, it was mentioned as “Yes” against Sl.Nos. (1). SSLC Certificate, (2). Community Certificate, (11) Form -III Sports Certificate and (13) Certificate for having studied Tamil medium in SSLC. According to the petitioner, the candidates those who did not produce any certificates will be issued Anneuxre 9B. Therefore, the petitioner is fully eligible for consideration for selection to the post of GR-II Police Constable/Jail Warden/Firemen.
4. Mr.P.Kumaresan, learned Additional Advocate General for the respondents on instruction submits that in paragraph no. 17 of the information brouchure and column no.4 of the admit card, issued to the candidate for attending PMT/ET/PET/CV, it is clearly mentioned that the candidates should produce all the original certificates, uploaded by them during submission of their online application, during certificate verification. But the petitioner has not produced his 10th mark sheet during certificate verification which is mandatory for said recruitment 2019. The petitioner has violated the said conditions, therefore the respondents rightly rejected the petitioner's selection. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.3757 of 2020
5. This Court has considered the submissions made and also perused the materials available on record.
6. On perusal of Annexure-9A Form, which has been submitted before the 2nd respondent/Sub Committee would reveal that the petitioner had produced all the certificates and in the verification Column NO.3, it is mentioned as “Yes” against the 1). SSLC Certificate, (2). Community Certificate, (11) Form -III Sports Certificate and (13) Certificate for having studied Tamil medium in SSLC. The said certificate was accepted by the Sub Committee at the time of certificate verification, thereafter the petitioner was not selected for the reason that he has not produced SSLC mark sheet. This Court finds discrepancies in the stand taken by the respondent, therefore this Court is of the view that, it would be appropriate to direct the respondent to conduct certificate verification in respect of the petitioner's selection alone. Accordingly, the following directions are issued;
i. The respondents are directed to issue notice to the petitioner calling for all the required documents in respect of his selection process to the post of Grade II Police Constable/Jail Warder/Firemen, within a period of one week from the date of receipt of a copy of this order. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.3757 of 2020 ii. On receipt of such documents, the 2nd respondent shall conduct a certificate verification and on satisfaction of the documents produced by the petitioner and if he is otherwise eligible, the 2 nd respondent consider the petitioner for selection to the said post and pass appropriate order. iii. Entire exercise shall be completed within a period of twelve weeks thereafter.
7. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
10.08.2022
Index : Yes / No
Internet : Yes / No
ak
To
1. The Chairman(DGP)
Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai-600008.
2.The Chairman, Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai-600008.
5/6 https://www.mhc.tn.gov.in/judis W.P.No.3757 of 2020 D.KRISHNAKUMAR, J.
ak W.P.No.3757 of 2020 and W.M.P.No.4437 & 4440 of 2020 10.08.2022 6/6 https://www.mhc.tn.gov.in/judis