Madras High Court
S.Sudha Natchiyar vs The Tamil Nadu Uniformed Services on 18 March, 2020
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.P.(MD)No.3073 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.03.2020
CORAM:
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
W.P.(MD) No.3073 of 2020 and
WMP(MD) Nos.2617 & 2618 of 2020
S.Sudha Natchiyar Petitioner
Vs
1. The Tamil Nadu Uniformed Services
Recruitment Board,
Rep by its Chairman,
Having Office at
Old Commissioner of Police Office Campus
Pantheon Road,Egmore,
Chennai – 600 008.
2. The Member Secretary,
The Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai – 600 008.
3. The Chairman
Sub Committee,
Tamil Nadu Uniformed Services Recruitment Board,
Virudhunagar Centre,
Virudhunagar. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned and provisional selection list
published in the 1st and 2nd respondents website in RC No.
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W.P.(MD)No.3073 of 2020
850/R2/TNUSRB/2019 dated 04.02.2020, in respect of the selection
process based on the Notification No.01/TNUSRB/2019, dated
06.03.2019 issued by the second respondent calling for the applications
for the Post of Police Constable Grade-II (Men, Women and
(Transgender) Jail Warders Grade-II (Men and Women) and Fireman
2019 and quash the same as illegal and consequently direct the 1st and
second respondents to appoint the petitioner as a Post of Grade-II Police
Constable, Jail Warder Grade-II by adding the Special Marks for having
studied in Tamil Medium upto 10th standard.
For Petitioner : Mr.S.Radhakrishnan
For Respondents : Mr.K.Chellapandian,
Additional Advocate General assisted by
Mr.K.Mu.Muthu
Additional Government Pleader
ORDER
The Writ Petition is filed to call for the records pertaining to the impugned and provisional selection list published in the 1st and 2nd respondents website in RC No.850/R2/TNUSRB/2019 dated 04.02.2020, and consequently to direct the first and second respondents to appoint the petitioner by adding Special Marks for having studied in Tamil Medium upto 10th standard.
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2. The case of the petitioner is that he has applied to the post of Grade II Police Constables, Jail Warders and Fireman 2019, as per the Notification issued by the first respondent vide Advertisement No.19, dated 06.03.2019. He has secured 68 marks, out of 95 marks. Further the case of the petitioner is that he has participated in the Certificate verification and he has also produced all the certificates, including certificate studied in the medium of education in Tamil upto 10th standard ie. SSLC on 20.11.2019. On 04.02.2020, the respondent Board had published the provisional selection list of candidates,wherein the name of the petitioner was not found. Hence, the petitioner has preferred this Writ Petition, seeking the relief to consider him to be selected, by taking into account that he has studied in Tamil Medium upto S.S.L.C.
3. The learned counsel for the petitioner submitted that as per Notification of the second respondent in 01/TNUSRB/2019, dated 06.03.2019, serial No.X (a) and (d) clearly states that the candidate studied 10th standard in Tamil Medium will be given 20% preference, for the preparation of temporary Selection list. Hence, as per the above said Notification, the petitioner is entitled to be selected to the posts called for by the respondents.
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4. Per contra, the learned Additional Advocate General assisted by the Additional Government Pleader strongly opposed that the cut off marks fixed by the Board was 69, whereas the petitioner has secured only 68 marks. Therefore, the petitioner is not at all entitled to be selected.
5. Heard both sides and perused the documents. It is an admitted fact that the petitioner has secured 68 marks, out of 95 marks. The last candidate who was selected, got 69 marks and therefore the petitioner does not come within the zone of consideration and therefore the Writ Petition fails.
6. In view of the above, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
18.03.2020 Index : Yes / No Internet : Yes / No vrn http://www.judis.nic.in 4/6 W.P.(MD)No.3073 of 2020 To
1. The Tamil Nadu Uniformed Services Recruitment Board, Rep by its Chairman, Having Office at Old Commissioner of Police Office Campus Pantheon Road,Egmore, Chennai – 600 008.
2. The Member Secretary, The Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai – 600 008.
3. The Chairman Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Virudhunagar Centre, Virudhunagar.
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