Madras High Court
The Director General Of Police vs R.Vidyakar on 18 September, 2019
Bench: S.Manikumar, D.Krishnakumar
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2019
Coram
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
AND
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.A.No.1715 of 2019
and CMP.No.11455 of 2019
1. The Director General of Police,
Tamil Nadu Circle,
Mylapore, Chennai 600 004.
2. The Chairman,
Tamil Nadu Uniformed Services
Recruitment Board,
807, 2nd floor, Anna Salai,
Chennai 600 002. ... Appellants
vs.
R.Vidyakar ... Respondent
Writ appeal is filed under clause 15 of the Letter Patent against the
order of the learned single Judge dated 22.12.2017 made in W.P.No.2991 of
2010.
For Appellants : Mr.P.S.Sivashanmugasundaram
Special Government Pleader
For Respondent : Mr.R.Sankara subbu
http://www.judis.nic.in
2
JUDGMENT
(Judgment of the Court was made by S.MANIKUMAR,J.) Challenge in this writ appeal is to the order of the writ court dated 22.12.2017 made in W.P. No.2991 of 2010, by which the writ court set aside the impugned order of the second appellant, namely Chairman, Tamil Nadu Uniform Services Recruitment Board, Chennai in Na. Ka. No.D1/0442/2009 dated 24.8.2009 and consequently directed the said authority to grant appointment to the respondent/writ petitioner as Grade II Constable in any one of the existing vacancies under Wards quota and that the said task shall be completed within a period of eight weeks from the date of receipt of a copy of the writ court order.
2. The order of the writ court is assailed on the following grounds:
i) Writ court ought to have considered the fact that petitioner's case is not similar to the case of one Tr.Baburajakumar who was selected under ward quota, based on the court orders. In the case of Tr.Baburajakumar, he has obtained the requisite ward certificate as per the notification from the competent authority, the Superintendent of Police, Kanniyakumari District before the last date of closure of application, i.e. 15.4.2008, but failed to enclose the same along with his application. But in the case of writ petitioner he had obtained the requisite ward certificate only on 27.7.2009, after http://www.judis.nic.in 3 the entire selection process was over in violation of Notification VII. Hence the Board did not consider the recommendation of the Director General of Police/Tamil Nadu vide letter in R.C. No.129425/Rect I(2)2009, DATED 9.9.2009, to appoint the writ petitioner on the basis of appointment orders issued to Tr.Baburajakumar.
ii) Writ court ought to have considered the fact that, it is the responsibility of the petitioner to enclose proper certificate meant for in the notification along with the application at the time of submission and the authorities cannot be faulted for having taken the decision based on the improper certificates submitted before them.
iii) Writ court ought to have considered the fact that the ward certificate of the candidate was not considered under wards quota as he failed to enclose the requisite wards certificate obtained from the competent authority as per Notification of TNUSRB.
iv) Writ court ought to have considered that allowing such candidates would set up a negative precedent and will affect the future recruitment process and hinder the selection process.
3. When the matter came up for admission on 4.6.2019, a Hon'ble Division Bench of this court ordered notice to the respondent and granted an order of interim stay, till 2.7.2019. When the matter came up again on 2.7.2019, the said Hon'ble Division Bench passed the following order:
http://www.judis.nic.in 4 "The State reserved 10% of the quota for the wards of the retired/serving policemen for appointment to the post of police constable.
2. Let a statement be filed by the appellants indicating the total number of posts filled up during the year 2008 and as to whether any of the wards were given appointment, and if so, the total number of wards so appointed in the Police Force.
Post on 15.7.2019."
4. On 15.7.2019, when the matter came up for further hearing, the same Hon'ble Division Bench passed the following order:
"The documents available on record indicates that representation submitted by the respondent for appointment, was rejected by order 24.08.2009. The order was passed by the Chairman, Tamil Nadu Uniformed Services Recruitment Board. Thereafter, by proceedings dated 09.09.2009, the Director General of Police, Tamil Nadu, recommended the case of the respondent for appointment.
2. Therefore, it is clear that even after rejecting the case of the respondent, by order dated 24.08.2009, there was a recommendation made by the Director General of Police, by proceedings dated 09.09.2009. It was, taking into account the said proceedings, the learned Single Judge allowed the Writ Petition filed by the respondent.
3. Let a decision be taken by the Chairman, Tamil Nadu Uniformed Services Recruitment Board, taking into account, the http://www.judis.nic.in 5 above two proceedings and more particularly in the light of the recommendation made on 09.09.2019.
4. Post on 09.09.2019."
5. On this day, when the matter came up for further hearing for producing a letter in C.No.D2/1021/2010 dated 13.09.2019 of the Director General of Police, Training i/c, Director General of Police/Chairman, Tamil Nadu Uniformed Services Recruitment Board, Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader submitted that the respondent/writ petitioner has been provisionally selected for the post of Grade II Police Constable (TSP) for the year 2007. He further submitted that, Medical Examination and Police Verification have been directed to be conducted for the respondent. A copy of the letter dated 13.09.2019 has been sent to R.Vidyakar, respondent herein. For brevity letter dated 13.9.2019, is reproduced hereunder:
By Registered Post with A.D C. No.D2/1021/2010 Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai - 8 Dated : 13.09.2019 Memorandum Sub: TNUSRB - Recruitment for the post of Gr.II Police Constable for the the year 2007 - R.Vidyakar (Reg. No.0107553) - Provisionally selected for the post of Gr.II Police Constable (TSP) - Intimated - Reg.
Ref: 1. W.P. No.2991/2010 filed by R.Vidyakar before the Hon'ble High http://www.judis.nic.in 6 Court of Madras.
2. Orders dated 22.12.2017 made in W.P. No.2991/2010 of the Hon'ble High Court of Madras
3. W.A. No.1715/2019 filed by this board before the Hon'ble High Court of Madras
4. Orders dated 12.09.2019 made in W.A. No.1715/2019 of the Hon'ble High Court of Madras ***** You have been provisionally selected for the post of Gr.II Police Constable (TSP) for the year 2007.
2) The Director General of Police, Tamil Nadu, Chennai-4 has been requested to cause Medical Examination and Police Verification for you.
Director General of Police, Training i/c, DGP/Chairman, TNUSRB.
To Thiru.R.Vidyakar, S/o.Radhakrishnan 8/23, Ragavendra Colony Virugambakkam Chennai - 600 092 Copy to, The Director General of Police, Tamil Nadu, Chennai - 4.
6. From the letter of the Director General of Police, Training i/c, DGP/Chairman, Tamil Nadu Uniformed Services Recruitment Board, dated 13.9.2019, we could find that the respondent herein/writ petitioner has been provisionally selected to the post of Gr.II Police Constable (TSP) for the year 2007 and that only after Medical Examination and Police Verification, appointment order will be issued.
http://www.judis.nic.in 7
7. Submission of the learned Special Government Pleader and the letter of the Director General of Police, Training i/c, Director General of Police/Chairman, Tamil Nadu Uniformed Services Recruitment Board, dated 13.9.2019 are recorded. We appreciate the response. Appropriate instructions for medical examination be sent as expeditiously as possible.
8. In view of the above, the writ appeal is disposed of. However, there shall be no order as to costs. Consequently, the connected civil miscellaneous petition is closed.
(S.M.K., J.) (D.K.K., J.)
18.09.2019
asr
Index : Yes/No
Internet : Yes/No
1. The Director General of Police,
Tamil Nadu Circle,
Mylapore, Chennai 600 004.
2. The Chairman,
Tamil Nadu Uniformed Services
Recruitment Board,
807, 2nd floor, Anna Salai,
Chennai 600 002.
http://www.judis.nic.in
8
S.MANIKUMAR, J.
and
D.KRISHNAKUMAR, J.
asr
W.A.No.1715 of 2019
and CMP.No.11455 of 2019
17.09.2019
http://www.judis.nic.in