Madras High Court
K.Gomathi vs Tamilnadu Uniformed Services ... on 5 April, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.11846 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.11846 of 2021
and
W.M.P.Nos.12595, 12596, 12600 and 12603 of 2021
K.Gomathi ... Petitioner
vs.
Tamilnadu Uniformed Services Recruitment Board,
Rep. by its Chairman cum Director General of Police,
Old COP office campus, Pantheon Road, Egmore,
Chennai – 600 008. ... Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus, to call for the
records of the respondent in his Sub-Inspector of Police-2019 provisional
selection list of Departmental Candidates for Character and Antecedents
Verification and Medical Examination – 2019 dated Nil published through
online dated 15.04.2021 of the respondent and to quash the same as being
illegal and unsustainable in law and for a consequential direction to award
one mark (0.5 + 0.5 marks) to the petitioner for Question No.23 and 53, B-
series question type, department candidate based on the One Man Committee
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https://www.mhc.tn.gov.in/judis
W.P.No.11846 of 2021
report dated 22.01.2021 and order of this Court in W.P.(MD).No.197 of 2021
dated 16.02.2021 and include the petitioner name in the final Sub-Inspector
of Police – 2019 provisional selection list of Departmental Candidates for
Character and Antecedents Verification and Medical Examination – 2019.
For Petitioner : Mr.K.Thenrajan
For Respondent : Mr.P.Kumaresan
Additional Advocate General
Assisted by Mrs.D.Sowmi Dattan
Standing Counsel
ORDER
This writ petition has been filed seeking to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in his Sub-Inspector of Police-2019 provisional selection list of Departmental Candidates for Character and Antecedents Verification and Medical Examination – 2019 dated Nil published through online dated 15.04.2021 of the respondent and to quash the same as being illegal and unsustainable in law and for a consequential direction to award one mark (0.5 + 0.5 marks) to the petitioner for Question No.23 and 53, B-series question type, department candidate based on the One Man Committee report dated 22.01.2021 and order of this Court in W.P.(MD).No.197 of 2021 dated 16.02.2021 and include the petitioner name in the final Sub-Inspector of Police – 2019 2/8 https://www.mhc.tn.gov.in/judis W.P.No.11846 of 2021 provisional selection list of Departmental Candidates for Character and Antecedents Verification and Medical Examination – 2019.
2. According to the petitioner, the petitioner has applied to the post of Sub-Inspector of Police for the recruitment of the year 2019 and the petitioner had participated in the written examination and he had appeared for all the written test conducted by the respondent. According to the petitioner, some of the applicants had approached this Court by way of filing writ petition and sought for a direction to award marks in respect of Question Nos.74 and 164 for C-series question type. Subsequently, the respondent awarded 0.5 mark for question No.74 to all the candidates and published the revised rank list.
3. Again, some of the candidates had approached this Court by filing W.P.(MD).No.197 of 2021 etc., batch and sought for a direction to award marks in respect of Question Nos.23, 53 and 120 in B-series question paper. In the said writ petitions, this Court has appointed an One Man Expert Committee to evaluate the correct answer for the above said questions. Based on the report of the One Man Expert Committee, this Court has directed the 3/8 https://www.mhc.tn.gov.in/judis W.P.No.11846 of 2021 4th respondent therein to revaluate the answer sheets, in comparison with the One Man Expert Committee's report and release the revised selection list, within a period of eight weeks from the date of receipt of a copy of the order.
4. According to the petitioner, the respondent has not re-valuated the answer sheets to all the candidates, but only awarded marks to the candidates who approached the Court in the above writ petitions. The petitioner has further submitted that if the respondent had awarded marks for Question Nos.23 and 53, the petitioner would be eligible for selection to the post of Sub-Inspector of Police. However, the respondent has not awarded mark to the petitioner for the said questions. Hence, the petitioner has filed the instant writ petition before this Court for the above said prayer.
5. The respondent has filed a counter affidavit, wherein it has been stated that as per the mark list, the petitioner had scored 71.00 marks and as per the cut-off marks, the petitioner should have been selected to the post of Sub-Inspector of Police (AR). However, the name of the petitioner was not included in the provisional selection list published on 15.04.2021 for the reason that the last selected candidate under her respective category was with 4/8 https://www.mhc.tn.gov.in/judis W.P.No.11846 of 2021 date of birth on 10.02.1987, while the petitioner's date of birth is 09.07.1989. It is relevant to extract Para 21(b) of the Information Brochure of the Notification:-
“b. If there is a tie in marks, the candidates seniority in age shall be given priority in selection.” Therefore, based on the age criteria for want of vacancy, the petitioner was not selected in final provisional selection list.
6. The next contention of the petitioner is that the respondent has not re-evaluated the answer sheets of all the candidates in respect of Question Nos.23 and 53 of B-series questions and correspondingly in other booklet series. It is answered by the respondent in the counter affidavit that some of the candidates had approached this Court in W.P.(MD).No.197 of 2021 etc., batch and by virtue of directions issued by this Court, the One Man Expert Committee was constituted and based on the report of the said One Man Expert Committee, the marks has been awarded only to the candidates, who approached this Court in the said writ petitions. But as far as the petitioner is concerned, she had correctly answered to the question Nos.23 and 53 of B- 5/8 https://www.mhc.tn.gov.in/judis W.P.No.11846 of 2021 series and correspondingly other booklet series.
7. Further, the said order will apply only to the candidates, who have approached this Court. After, the entire selection process is completed, the petitioner has now filed the present writ petition before this Court seeking the aforesaid remedy, is impermissible in law.
8. In the present case on hand, the petitioner has not approached this Court immediately after the key answer was published and has not raised objections before the respondent. Now, the petitioner has challenged the key answer and is seeking relief on the ground that similarly placed candidates have approached this Court and obtained favourable orders. The petitioner has been a fence sitter and has watched the proceedings. After the revised rank list was published, she has belatedly approached this Court.
9. The High Court of Delhi in the case of Union of India and others vs. Sandeep Kumar Swaroop and others (Writ Petition (Civil) No. 9413 of 2016 dated 01.09.2017) has held that delay and laches as well as acquiescence can be a ground to deny benefit to fence sitters. Those who do 6/8 https://www.mhc.tn.gov.in/judis W.P.No.11846 of 2021 not approach the Court in a timely and prompt manner can be denied “equal treatment”.
10. In the light of the aforesaid decision and considering the statement made in the counter affidavit, the petitioner is not entitled for the post of Sub- Inspector of Police. Therefore, there is no merit in the instant writ petition.
11. Accordingly, the writ petition stands dismissed. Consequently, the connected miscellaneous petitions are closed. No costs.
05.04.2022
Index : Yes / No
Internet : Yes / No
dm
Note: Issue order on or before 18/8/2022.
To
The Chairman cum Director General of Police,
Tamilnadu Uniformed Services Recruitment Board, Old COP office campus, Pantheon Road, Egmore, Chennai – 600 008.
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