Madras High Court
R.Karthikeyan vs The State Of Tamil Nadu on 19 November, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.39119 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 06.11.2025
PRONOUNCED ON : 19.11.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.39119 of 2025
and W.M.P.Nos.43896 & 43897 of 2025
1. R.Karthikeyan
2. V.Mariappan
3. K.Gopinath
4. Thayalan
5. Eraninan
6. M.Meenakshisundaram
7. T.Thirunavukkarasu ... Petitioners
Vs.
1. The State of Tamil Nadu
Rep. By its Secretary to Government,
Home Department,
Secretariat, Chennai – 600 009.
2. The Director General of Police,
Dr.Radhakrishnan Road,
Mylapore, Chennai – 600 004.
3. A.Arun
(R3 Impleaded vide order
dated 30.10.2025 made in
W.M.P.No.45795 of 2025
in W.P.No.39119 of 2025)
4. G.Karthik
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W.P.No.39119 of 2025
5. A.Arun
6. S.Ameer Ali Jinna
7. U.M.Avinash
8. R.Stephen Vinodh
9. S.Madhan Kumar
(R4 to R9 Impleaded vide order
dated 30.10.2025 made in
W.M.P.No.4600 of 2025
in W.P.No.39119 of 2025)
10. Chelladurai
11. R.Tamilselvi
12. J.Deepa
13. Manojkumar
14. G.Gopal
15. Manoj M.T.
(R10 to R14 Impleaded vide
order dated 19.11.2025 made
in W.M.P.No.47094 of 2025
in W.P.No.39119 of 2025)
16. C.Venkatesan
17. M.Anbazhagan
(R16 & R17 Impleaded vide
order dated 19.11.2025 made
in W.M.P.No.48046 of 2025
in W.P.No.39119 of 2025) ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, by calling for the
records and quashing the impugned orders dated 01.07.2025 vide
Rc.No.1025/07/NGB 5(1)/P-21/2025 and 08.08.2025 vide Rc.No.1025/
08/MGB 5(1)/P-24/2025 issued by the second respondent DGP promoting
batch mates of the petitioners from the post of SIs to Inspector of Police
based on marks obtained at Police Training College (PTC) contrary to the
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W.P.No.39119 of 2025
Apex Court judgment dated 01.05.2025 rendered in Civil Appeal
No.6305-6306 of 2025 (Arising out of SLP (C) Nos.5137-5138) of 2021
and confirmed in the Review Petition vide Diary No.30381/2025 dated
02.09.2025 as well as the draft seniority list dated 08.10.2025 vide
Rc.No.284045/Rect 2(2)/2011 and consequently direct the respondents to
issue the revised seniority list of the petitioners' batch of the year 2010-
2011 by way of re-arranging their seniority for promotion from the post of
SI of police to Inspector of Police based on the selection process marks as
envisaged in the above order of the Supreme Court dated 01.05.2025 by
placing the petitioners under the Taluk/Category-I for the 2010-2011 as
par the marks secured by them during the selection process within time
frame.
For Petitioners : Mr.K.Anantha Padmanaban,
Senior Counsel
For Mr.S.Dayanand
For Respondents
For R1 & R2 : Mr.P.Kumaresan
Additional Advocate General
Assisted by Mr.V.Jeevagiritharan
Additional Government Pleader
For R3 : Mr.P.Mohanraj
For R4 to R9 : Mr.K.Venkataramani
Senior Counsel
For Mr.M.Muthappan
For R10 to R15 : Mr.S.R.Rajagopal
Senior Counsel
For Mrs.Jayanthi K Shah
For R16 & R17 : Mr.Vijay Narayan
Senior Counsel
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W.P.No.39119 of 2025
For Mr.C.Vigneswaran
ORDER
This Writ Petition has been filed challenging the orders dated 01.07.2025 & 08.08.2025, passed by the second respondent thereby promoting the batch mates of the petitioners from the post of Sub Inspector of Police to Inspector of Police and also the draft seniority list dated 08.10.2025.
2. The petitioners were appointed as Sub Inspector of Police by direct recruitment as per the notification dated 01.04.2010. They were selected and appointed under the category of Armed reserved and Tamil Nadu Special Police, respectively. After completion of their ten years of service, on their request, they were permitted for conversion under Law & Order category. Now they are working as Sub Inspector of Police under Law & Order category. Now they are challenging the allotment order on promotion dated 01.07.2025 & 08.08.2025 from the post of Sub Inspector of Police to the post of Inspector of Police and the draft seniority list dated 08.10.2025, on the ground that all the Sub Inspector of Police were recruited under the same notification in the same rank of Sub Inspector of Page 4 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 Police, but the persons who secured lesser marks than the petitioners were placed as senior to the petitioners and were promoted to the post of Inspector of Police. As per the order passed by the Hon'ble Supreme Court of India in the case of R.Ranjith Singh & Ors Vs. The State of Tamil Nadu & Ors in Civil Appeal Nos.6305-6306 of 2025 dated 01.05.2025, the seniority list has to be drafted as per the marks obtained by the officers during the selection process. They were directed to serve in the post of Sub Inspector of Police under the category of Armed Reserve and Tamil Nadu Special Police. Further as against the order passed by the Hon'ble Supreme Court of India, the draft seniority list was also published on 08.10.2025. The petitioners were placed below the persons who scored lesser marks than the petitioners. Hence, the petitioners filed the present writ petition with the above prayer.
3. Mr.K.Anantha Padmanaban, learned Senior Counsel appearing for the petitioners submits that the selection and appointment of the Sub Inspector of Police are under three categories viz., Law & order (Category I), Armed Reserve (Category II) & Tamilnadu Special Police (Category III), on merit by categorising the candidates on selection based Page 5 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 marks. In the year 2010, for the first time, as per the notification dated 01.04.2010, applications were invited to fill up 1095 vacancies in the post of Sub Inspector of Police by direct recruitment. The petitioners were appointed in their respective categories, in the year 2011, on the basis of communal rotation marks and not on the basis of merit. One year training commenced for all three categories from 01.02.2011 to 31.01.2012. In fact, the entire selection process was made under single notification by means of a single selection by making the candidates participate in the common competitive examination. Therefore, the appointment to the post of Sub Inspector of Police was only based on the communal rotation and cut off marks, for each category.
3.1. He further submits that whoever scored the highest cut off marks in the respective communal reservation was posted in the category I and second highest in category II and the rest in category III. Besides, there are horizontal reservations for sports quota, ward's quota, women's quota and other categories. Since the petitioners scored less than the highest cut off marks under their communal categories, they were appointed under the categories II & III as Sub Inspector of Police. Dehors Page 6 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 the option, cut off marks as per the communal rotation was the only basis for the appointment of the Sub Inspector of Police, as per the notification. While granting the conversion to the petitioners to category I, the respondents obtained an undertaking from the petitioners for not claiming any seniority in their parent category viz., category II & III including future promotions. Therefore, their seniority in the category II & III would get merged with the category I upon such conversion. In fact, the promotion under the categories II & III are much quicker than in category I. However, the petitioners sacrificed such seniority while entering into the category I. Further, the salary is one and the same for all the three categories.
3.2. He further submitted that while ordering conversion to the petitioners, it was not stated to them that their seniority would be placed below the persons recruited under category I. He also relied upon the Rule 14(b) of the Fundamental Rules. It states that a government servant can exercise lien only for three years as against his parent cadre to get transferred to some other category. Now the petitioners have completed five years of service after their conversion. Hence, the appointment of the Page 7 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 petitioners were made only upon the communal rotation marks. The Hon'ble Division Bench of this Court in W.A.No.500 of 2008 in the case of the State of Tamil Nadu & ors Vs. A.Subbiah Pandian & ors., dated 16.06.2008 held that, as per Rule 25(b) of the Special Rules for Tamil Nadu Police Subordinate Service (hereinafter referred to as “TNPSS Rules”), transfer from one category to another category will not take away the seniority of a person so transferred from the previous category. The said judgment was confirmed by the Hon'ble Supreme Court of India in S.L.P. (Civil)No.10319 of 2009 dated 20.01.2009. Thereafter, conversion order was passed dated 20.05.2020 on the basis of the government order in G.O.Ms.No.446 dated 25.07.2003. Further, the Hon’ble Supreme Court of India held in the case of Indra Sawhney Vs. Union of India reported in 1992 (3) SCC 217 that any appointment made on the basis of reservation or communal rotation should only be at entry level and not for seniority and promotion.
3.3. Now the persons who were recruited along with the petitioners to the post of Sub Inspector of Police are promoted to the post of Inspector of Police based on the Police Training Institute marks and not Page 8 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 by selection marks. It is clear violation of the judgment passed by the Hon’ble Supreme Court in the case of Ranjith Singh's case dated 01.05.2025. Further, the promotions were granted to the Inspectors of Police subject to outcome of the review petition filed as against the order passed in Ranjith Singh's case. Therefore, when the review petition was dismissed on 02.09.2025, the respondents ought to have recalled the order of promotion. Therefore, the order of promotion as well as the draft seniority list cannot be sustained and are liable to be quashed.
4. The respondents 1 & 2 filed counter and Mr.P.Kumaresan, learned Additional Advocate General appearing for the respondents 1 & 2 submits that the Tamil Nadu Uniform Service Recruitment Board had issued notification dated 01.04.2010, for recruitment to the post of Sub Inspector of Police. Accordingly, 1095 posts were called for in which, 810 posts under the category of Taluk Police, 161 posts under the category of Armed Reserved and 135 posts under the category of Tamil Nadu Special Police were notified. The recruitment will be done as per the existing reservation quotas. The post of Sub Inspector of Police in each category were filled based on the gradation mark and preference of the candidates. Page 9 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 Therefore, in the application form itself, the candidates were requested to mention their order of preference of the categories. Thereafter, they were recruited as per the mark, rank and their order of preference subject to the rule of reservation.
Page 10 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 4.1. Accordingly, the petitioners had applied for the post of Sub Inspector of Police and as per their preferences and gradation marks in their respective categories they were recruited as Sub Inspector of Police in the Armed Reserve and Tamil Nadu Special Police viz., categories II & III respectively. Thereafter, they were sent for training in their respective categories. Their seniority were fixed along with their batch mates under their respective categories. Accordingly, seniority was fixed to those who were recruited in category I through departmental quota and then who were recruited through open quota under category I, those who were recruited under the category II through department quota and thereafter those who were recruited through open quota under category II and finally those who were recruited under category III through departmental quota and then those who were recruited through open quota under the category III. Therefore, their seniority was accordingly fixed at entry level in the rank of Sub Inspector of Police in their respective categories. Those who were recruited under category II & III, were converted to category I at later stage. Their inter-se seniority was placed as per second proviso to Rule 25(a) & 25(b) of the TNPSS Rules. Thereafter, whenever they reach Page 11 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 the zone of consideration for promotion to the post of Inspector of Police, they will be promoted to the post of Inspector of Police.
4.2. As per the government order in G.O.Ms.No.1598, Home (Pol.3) Department, dated 05.11.1997, it was ordered to earmarked 10% of direct recruitment vacancies to the post of Sub Inspector of Police under first category filled up by the Sub Inspectors of Police who were recruited under the second and third category by conversion, subject to satisfaction that they must be graduate, they should not have completed 40 years of age and they should have completed five years of service as Sub Inspector of Police in their respective category. One of the petitioners and 39 others filed a Writ Petition in W.P.No.10288 of 2018, to consider their request seeking for conversion to category I. This Court by an order dated 07.08.2018, directed to consider their request on its own merits. Accordingly, 14 Sub Inspectors of Police from category II and 11 Sub Inspectors of Police in category III of 2011 batch alone were considered for conversion to category I and passed order in G.O.Ms.09 Home (Pol.III) Department, dated 06.01.2020 by transferring them as a onetime measure.
Page 12 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 4.3. Accordingly, they were transferred and posted as Sub Inspectors of Police in the category I as per the order dated 20.05.2020. Their seniority was fixed below the Sub Inspectors of Police who were already recruited directly under category I under open quota in the same year of recruitment as per the proviso 2 to Rule 25(a) & 25(b) of the TNPSS Rules. Thereafter, they were included in the panel to the post of Inspector of Police of the year 2024-2025 by the proceedings dated 27.04.2025. Accordingly, 245 Sub Inspectors of Police were promoted to the post of Inspectors of Police.
4.5. While being so, with regard to fixation of seniority of Sub Inspectors of Police who were appointed in the departmental quota, en- mass over and above open quota candidates approached this Court and finally the Hon’ble Supreme Court of India by an order dated 01.05.2025 in Civil Appeal Nos.6305 to 6307 of 2025 in the case of R.Ranjith Singh & ors Vs. The State of Tamil Nadu & ors., struck down the amendment to Rule 25(a) of the TNPSS Rules issued vide G.O.Ms.No.868 Home (Police-VI) Department, dated 21.11.2017, holding that the said provision Page 13 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 is in violation of Article 14, 16 & 21 of the Constitution of India and also issued certain directions. As directed by the Hon’ble Supreme Court of India, the government passed an order in G.O.Ms.No.410 Home (Police- III) Department, dated 18.08.2025 and directed to conduct common examination for both 20% departmental category and 80% open candidates quota in the direct recruitment to the post of Sub Inspector of Police. Thereafter, the government issued guide lines to be adopted in common recruitment to the post of Sub Inspector of Police in all categories.
4.6. In the meantime, the government also filed review petition with regard to paragraph 28 (a) & (e) of the Hon’ble Supreme Court of India of its order dated 01.05.2025, and the same was also dismissed. Further, the Hon’ble Supreme Court of India directed the respondents to issue gradation list solely on the basis of the marks obtained by the candidates in the examinations in which they have been recruited to their respective posts. In compliance of the said order, they revised the seniority list and drafted the draft seniority list dated 08.05.2025. As per the marks obtained by them in the qualifying examination conducted by the Tamil Page 14 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 Nadu Uniformed Services Recruitment Board. Insofar as the petitioners are concerned, according to their preferences and gradation marks, their seniority list has been revised along with all their batchmates under the category II & III. They will be considered for promotion as well as they will reach the zone of consideration for promotion to the post of Inspector of Police.
7. While pending the Writ Petition, the respondents 3 to 17 impleaded themselves in the present petition. The respondents 3, 16 & 17 supported the case of the petitioners and are sailing along with the petitioners. The respondents 4 to 15 are against the case of the petitioners.
8. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
9. Though the syllabus for the selection process are common for all the categories, the qualification slightly differs between male and female recruitment with regard to physical efficiency standard and test parameters, as prescribed under Rule 18(a) and Appendix VII of the Page 15 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 TNPSS Rules. During the selection process, the candidates were allotted to one of the three categories. As per the notification, the recruitment was made for the post of Sub Inspector of Police in all three categories as per their marks, rank and their order of preference subject to the rule of reservation. It is clarified that the candidates are not automatically allotted to the categories that they opted for in their applications. The candidates who scored the highest ranks in each quota are allotted to their preferred categories, be it category I, II or III. After allotting the meritorious candidates of each quota to their preferred categories, the rest of the candidates who scored subsequent ranks are allotted to categories that they opted for, if there were vacancies available in those categories, otherwise they are allotted to subsequent categories based on their marks, ranking, order of preference subject to the rule of reservation. Therefore, there are always high chances for the candidates who scored lesser marks to end up in higher categories than their counterparts who scored higher marks than them and hence, its not just the marks, ranks or order of preference that are the deciding factor but it's ultimately the candidates' communal reservation. Further the composition of recruits includes 80% open market candidates and 20% department promotees. However, each Page 16 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 category has a distinct subsequent training and operational focus, reflecting the specific responsibilities of the category.
10. Insofar as the category I is concerned, it relates to general law and order duties; the category II deals with district reserve operations, escorts and operational support and the category III deals with riot control, anti-insurgency and specialized law enforcement duties. Further the candidates in the first or second category may voluntarily opt for the second or third category. The candidate in second or third category cannot claim appointment to the first category. Each of the government orders stipulates that seniority in the first category, after converted into first category, shall be reckoned from the date of conversion and not from the date of selection process after training. Further upon conversion from one category to another, their seniority in the new category shall commence from the date of such conversion and cannot relate back to the date of initial appointment in the earlier cadre.
11. As far as the category I is concerned, they had undergone one year rigorous training at Tamil Nadu Police Training Academy consisting Page 17 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 16 subjects including criminal law, investigation, police procedure and administrative management followed by six months of practical training in police stations and one year of probation training. But as far as categories of II & III are concerned, the training process comparatively shorter and less demanding. In the category II, they had undergone training primarily in traffic control, arms handling, and the category III training focuses on riot control, crowd management and disaster response. The training undergone by the Sub Inspector of Police under the category I is as follows :-
Sl.No. Subjects Max. Marks
1 Modern India role of Police & Administration 100
2 Indian Penal Code 100
3 Criminal Police Code 100
4 Indian Evidence Act & Constitution & Human 100
Rights
5 Minor Acts 100
6 Special & Local Laws 100
7 Forensic Science 100
8 Forensic Medicine 100
9 Police Standing Order & Investigation 100
10 Maintenance of public peace & order 100
11 Criminology, Human Behaviour & Management 100
Technique
12 Computer (Theory & Practical) 100
13 Investigation practicals 100
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Sl.No. Subjects Max. Marks
14 Outdoor (including parade & mob handling, first 250
aid, disaster management, fire & rescue, BDDS,
VVIP security)
15 Internal Assessment (including library studies) 50
16 Police Station management & Crime control 100
Total 1700
12. The Sub Inspector of Police who were recruited under category II & III had undergone the following training:-
Sl.No. Subjects Max. Marks 1 IPC, CrPC, IEA 100 2 Local Laws & Minor Act 100 3 Police Standing Order & Armed Reserve Police 100 Administration 4 Traffic Management 100 5 Internal security & Disaster & Crisis 100 Management 6 Drill and Training Manual 100 7 First Aid, Bomb detection & disposal & 100 computer (Theory & Practical) 8 Outdoor 350 9 Internal Assessment 50 Total 1100
Thus it is clear that the subjects and training are totally different between category I and category II & III. Besides, both categories have separate roles, duties and responsibilities and the same cannot be interchanged. Further, each category maintains separate syllabus and final qualifying Page 19 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 examinations. At the end of the training period, a final qualifying examination is conducted for fixing their seniority.
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13. The seniority is governed by Rules 25(a) & 25(b) of the TNPSS Rules. It is relevant to extract the above rules as follows :-
25(a):- The seniority of a person in any class or category of the service shall, unless he has been reduced to a lower rank as a punishment, be determined by the rank obtained by him in the list of approved candidates drawn up by the appointing authority, subject to the rule of reservation where it applies. The date of commencement of his probation shall be the date on which he joins duty irrespective of his seniority, unless he has been appointed temporarily under sub rule (d) of Rule 10 or sub rule (b) of Rule 15, as the case may be.
.................
Provided further that in the case of Sub Inspectors appointed by transfer from Sub Inspectors (Armed Reserve) in category 5, in class I of these Rules or by recruitment by transfer from Sub Inspectors in category 2 in rule 3 of the Tamil Nadu Special Police Subordinate Service Rules 1978, as the case may be, irrespective of their actual date of such appointment, seniority shall be fixed below the direct recruits in which they were recruited to their respective feeder categories.
25 (b):- The transfer of a person from one class or category of the services to another class or category carrying the same pay or scale of pay shall not be treated Page 21 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 as first appointment to the latter for purpose of seniority, and the seniority of a person so transferred shall be determined with reference to the rank in the class or category from which he was transferred. Where any difficulty or doubt arises in applying this sub rule, seniority shall be determined by the appointing authority."
Thus it is clear that the seniority of the petitioners were arranged among their batch mates based on their marks obtained in the final examination conducted by the Police Training College as per the second proviso to Rule 25(a) r/w 25(b) of the TNPSS Rules.
14. Further the Hon'ble Supreme Court of India by the judgment dated 01.05.2025, struck down only the sixth proviso introduced by the government order in G.O.Ms.No.868 Home(VI) Department dated 21.11.2017, which had altered inter-se seniority between open-market quota and departmental quota. It is relevant to extract the directions issued by the Hon'ble Supreme Court of India in the case of R.Ranjith Singh & ors Vs. The State of Tamil Nadu & ors in Civil Appeal Nos.6305-6306 of 2025 dated 01.05.2025, as follows:-
"28. xx xx xx
a) The respondents shall recast all gradation list issued from time to time in respect of direct recruitment Page 22 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 which includes 20% in service candidates recruited directly to the post of Sub Inspector of Police by granting seniority on the basis of marks obtained in the qualifying examination/selection process. The exercise of recasting and issuance of revised gradation list be positively concluded within a period of 60 days from today.
b) The respondent State shall not revert any officer who has been given further promotion on the basis of the seniority list already issued by the Department from 1995; however, the respondent State shall not issue any promotion order in respect of departmental candidates till the revised seniority list is issued as aforesaid.
c) That, after issuance of revised seniority list, the State Government shall consider the cases of all departmental candidates for promotion to the next higher post keeping in view the promotions granted to the juniors (based upon the revised seniority list) and the exercise of granting promotions be concluded in respect of the direct recruitees (80%) quota within a period of two months from the date of issuance of revised seniority list.
d) The direct recruits, in case they are found fit for promotion to the next higher post will be entitled for notional promotion, fixation of seniority and all other consequential benefits except back wages on grant of promotion to the next higher post.Page 23 of 30
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e) The State Government shall hereinafter conduct one common examination for 100% direct recruitment for appointment to the post of Sub Inspector of Police which includes 80% from open market and 20% from in-service candidates and their seniority shall be assigned based upon the marks obtained by individual candidates/rank assigned by appointing authority in the list of selected candidates."
Therefore, the fundamental principle is that seniority of directly recruited Sub Inspector of Police is to be determined by the marks obtained in the police training college. Accordingly, now the respondents published the draft seniority list and also invited objections, if any.
15. Insofar as the conversion from one category to another is concerned, it is permitted only through specific government orders that too as on one time measure. Such conversion is not a recruitment but a fresh appointment into a different cadre and it cannot carry retrospective seniority. They will be placed lower than the recruitees under open quota as well as under the departmental quota on their same batch mates. In fact, the government order in G.O.(Ms.)No.9 Home (Police III) Department, dated 06.01.2020, permitted the petitioners for conversion on condition that the seniority of the officer in new category shall commence only from Page 24 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 the date of conversion and shall not relate back to the date of initial appointment in the erstwhile category. Further the conversion was made subject to eligibility, willingness and administrative convenience. Their seniority in category I shall be reckoned only from the date of conversion.
16. That apart, only by way of government order as one time measure, the petitioners were permitted for conversion to the category I. After fulfilling the basic qualifications, they had undergone institutional training for a period of six months and practical training for three months, before they were posted under category I. Therefore, the judgment of the Hon'ble Supreme Court of India in the case of R.Ranjith Singh & ors Vs. The State of Tamil Nadu & ors is not at all applicable to the case on hand. Hence, the seniority of the petitioners after conversion to category I is regulated as per the Rules made under Article 309 of the Constitution of India. Therefore, their seniority has to be followed as per the Rule of Seniority and accordingly at the time of conversion, they were rightly fixed below recuritees under the departmental quota and direct recruitees under open quota in the year 2011, in which they were recruited in their earlier cadre.
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17. Further the Hon'ble Supreme Court of India in the case of R.Ranjith Singh & ors Vs. The State of Tamil Nadu & ors deals with the amendment to the Service Rules issued in respect of 20% department candidates, whose seniority is fixed over and above the direct recruits in the year, in which they were recruited into service in G.O.Ms.No.868 Home (Pol.6) Department, dated 21.11.2017. It was struck down and was directed to issue fresh seniority list solely on the basis of the marks obtained by the incumbents while recruited into service. Therefore, it has got nothing to do with the persons who were recruited under category II & III. Further, they were transferred to category I by conversion and as such they do not carry their seniority to the transferred service. Further they cannot question their option/preference after the lapse of 14 years from their original appointment.
18. As stated supra, as per their option/preference and in accordance with their marks scored in the written examination and as per their reservation rotation, they were selected in the respective cadre. Therefore, they are restrained from contending that they were wrongly Page 26 of 30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 12:30:20 pm ) W.P.No.39119 of 2025 posted in the category II & III as they were posted in their respective categories only based on their marks and also their personal preferences. In fact, only after their recruitment, the government passed order in G.O.Ms. No.10 Home (Pol.3) Department dated 04.01.2012, that preference of the candidates in recruitment of the Sub Inspector of Police need not be sought from among the categories. Therefore, it cannot be made applicable to the petitioners since, it was passed only after the selection and appointment of the petitioners in their respective category.
19. That apart, the petitioners did not even challenge their appointment in their respective category immediately after the government order in G.O.Ms. No.10 Home (Pol.3) Department dated 04.01.2012. Only as per the government order, now they are permitted to convert themselves to category I that too after completion of training and other classes. Therefore, they cannot question the promotion of their batch mates to the post of Inspector of Police as per the order dated 01.07.2025 & 08.08.2025. This Court finds no infirmity or illegality in the impugned orders and the seniority list dated 08.10.2025 and hence the Writ Petition is devoid of merits and is liable to be dismissed.
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20. Accordingly, the Writ Petition stands dismissed.
Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
19.11.2025
(½)
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
rts
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W.P.No.39119 of 2025
To
1. The Secretary to Government,
State of Tamil Nadu,
Home Department,
Secretariat, Chennai – 600 009.
2. The Director General of Police,
Dr.Radhakrishnan Road,
Mylapore, Chennai – 600 004.
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W.P.No.39119 of 2025
G.K.ILANTHIRAIYAN. J,
rts
Order in
W.P.No.39119 of 2025 and
W.M.P.Nos.43896 & 43897 of 2025
19.11.2025
(½)
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