Madras High Court
K.Illamurugu vs The Member Secretary on 10 January, 2020
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.P.(MD) No.195 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)No.195 of 2020
and
W.M.P.(MD) Nos.124 and 125 of 2020
K.Illamurugu ... Petitioner
vs.
1.The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai 600 008
2.The Director General of Police,
O/o the Director General of Police,
Chennai 600 004
3.The Superintendent of Police,
Sivagangai District,
Sivagangai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the rejection order
issued by the 1st respondent in ID No.USRB082415 dated 31.12.2019 and
quash the same as illegal and consequently directing the respondents herein
to issue Hall Ticket and allow the petitioner (ID No.USRB082415) to write
the written examination for the post of Sub Inspector of Police, Tamil Nadu
Police Department on 12.01.2020.
http://www.judis.nic.in
W.P.(MD) No.195 of 2020
For Petitioner : Mr.R.Venkatesan
For Respondents : Mr.K.Chellapandian,
Additional Advocate General
Assisted by Mr.R.Sethuraman,
Special Government Pleader.
ORDER
The petitioner's candidature was rejected on the ground that his education was not in stream, in accordance with the educational qualifications prescribed in the notification No.2 of 2019, dated 08.03.2019.
2. The petitioner herein, had completed his tenth standard and thereafter, had undergone one-year foundation course from Madurai Kamaraj University. The learned counsel for the petitioner would rely upon G.O.Ms.No.528, Personnel and Administrative Reforms(Per.R) Department, dated 18.05.1985 which came to be followed by the Division Bench of this Court in an order dated 14.07.2017 passed in W.A.(MD) No.253 of 2017 and stated that in view of G.O.Ms.No.528, which recognizes the pre-foundation course to be equivalent to Higher Secondary course, the petitioner is entitled to participate in the selection process.
3. After the decision of the Division Bench, dated 14.07.2017, the Government passed an order vide G.O.Ms.No.144, Personnel and Administrative Reforms (M) Department, dated 20.11.2017, referring to G.O.Ms.No.528 and by overruling the same, held that as per the http://www.judis.nic.in W.P.(MD) No.195 of 2020 recommendations of the Equivalence Committee, pre-foundation and foundation course offered by various Universities in the State are not equivalent to S.S.L.C. and Higher Secondary course(+2) respectively. Hence, the reliance on G.O.Ms.No.528, Personnel and Administrative Reforms (Per.R) Department, dated 18.05.1985 as well as the earlier order passed by the Division Bench, dated 14.07.2017 may not have any relevance.
4. The learned counsel for the petitioner also relied upon the recent decision of this Court dated 03.10.2019 made in W.P.(MD) Nos.20273 and 20274 of 2017, as well as order passed in W.P.(MD) No.12309 of 2014 dated 17.07.2018 and submitted that this Court had placed reliance on G.O.Ms.No.528, Personnel and Administrative Reforms(Per.R) Department, dated 18.05.1985 and had allowed the writ petition.
5. A perusal of the said order reveals that, the subsequent Government Order passed in G.O.Ms.No.144, Personnel and Administrative Reforms (M) Department, dated 20.11.2017 was not brought to the notice of the learned Single Judge and therefore, the order seems to have been passed. Hence, in view of the present G.O.Ms.No.144, Personnel and Administrative Reforms (M) Department dated 20.11.2017, I do not find any reason to entertain the prayer sought for in the present writ petition. http://www.judis.nic.in W.P.(MD) No.195 of 2020 M.S.RAMESH, J.
sts
6. Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
10.01.2020 Index : Yes / No Internet : Yes / No sts To
1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008
2.The Director General of Police, O/o the Director General of Police, Chennai 600 004
3.The Superintendent of Police, Sivagangai District, Sivagangai.
Order made in W.P.(MD)No.195 of 2020 http://www.judis.nic.in