Madras High Court
Tamil Nadu Silambattam Association vs The Principal Secretary To Government on 21 April, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.(MD) Nos.6982 to 6984 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) Nos.6982 to 6984 of 2019
and
W.M.P.(MD) Nos.5573 to 5578 of 2019
W.P.(MD) No.6982 of 2019 :-
1. Tamil Nadu Silambattam Association,
Rep., by its General Secretary, K.G.Murali Krishna,
Ayyam Perumal Thevar Illam,
Vadakarai (Village), Melakottai (Post),
Tirumangalam (Tk), Madurai (Dt),
Tamil Nadu.
2. A.Vennila
3. V.Subbiah ... Petitioners
-vs-
1. The Principal Secretary to Government,
Youth Welfare and Sports Development Department,
Namakkal Kavignar Maaligai,
Fort St. George, Chennai-600 009.
2. The Secretary,
Tamil Nadu Public Service Commission,
___________
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W.P.(MD) Nos.6982 to 6984 of 2019
TNPSC Road, V.O.C.Nagar, Park Town,
Chennai-600 003, Tamil Nadu, India.
3. The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai-600 008.
4. The Member Secretary,
Sports Development Authority of Tamil Nadu,
116-A, Periyar EVR High Road,
Nehru Park, Chennai-600 084. ... Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Certiorarified Mandamus to call for the records
relating to the notification dated 06.03.2019 bearing No.1/2019 issued by
the Tamil Nadu Uniformed services Recruitment Board for Direct
Recruitment for 2nd Grade Police (District and Corporation Armed force
Women and Transgender), 2nd Grade Police (Tamil Nadu Special Police-
Men), 2nd Grade Prison Police (Men and Women) and Fireman Service for
the year 2019 on the file of the 3rd respondent and quash the same in so far
as not including the Silambam as one of the Sports discipline in the Sports
category and provide 3% reservation as contemplated under G.O.No.6,
Youth Welfare and Sports Development (S1) Department dated 20.02.2019
the first respondent herein and consequently direct the 3rd respondent to
include the Silambam as one of the Sports Discipline for Selection to the
Sports category.
___________
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W.P.(MD) Nos.6982 to 6984 of 2019
W.P.(MD) No.6983 of 2019 :-
1. Tamil Nadu Silambattam Association,
Rep., by its General Secretary, K.G.Murali Krishna,
Ayyam Perumal Thevar Illam,
Vadakarai (Village), Melakottai (Post),
Tirumangalam (Tk), Madurai (Dt),
Tamil Nadu.
2. A.Vennila
3. V.Subbiah ... Petitioners
-vs-
1. The Principal Secretary to Government,
Youth Welfare and Sports Development Department,
Namakkal Kavignar Maaligai,
Fort St. George, Chennai-600 009.
2. The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road, V.O.C.Nagar, Park Town,
Chennai-600 003, Tamil Nadu, India.
3. The Member Secretary,
Tamil Nadu Uniformed Services
Recruitment Committee (TNFUSRC)
No.1, Jeenis Road, Panangal Maaligai,
8D-Floor, Saidapet, Chennai-600 015.
4. The Member Secretary,
Sports Development Authority of Tamil Nadu,
116-A, Periyar EVR High Road,
Nehru Park, Chennai-600 084. ... Respondents
___________
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W.P.(MD) Nos.6982 to 6984 of 2019
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Certiorarified Mandamus to call for the records
relating to the notification vide advertisement bearing No.1/2019 dated
07.03.2019 Tamil Nadu Forest Uniformed Services Recruitment Committee
(TNFUSRC) the 3rd respondent and quash the same in so far as not
including the Silambam as one of the sports discipline in the Sports
category and provide 3% reservation as contemplated under G.O.No.6
Youth Welfare and Sports Development (S1) Department dated 20.02.2019
issued by the first respondent herein and consequently direct the third
respondent to include the Silambam as one of the Sports Discipline for
selection to the Sports category.
W.P.(MD) No.6984 of 2019 :-
1. Tamil Nadu Silambattam Association,
Rep., by its General Secretary, K.G.Murali Krishna,
Ayyam Perumal Thevar Illam,
Vadakarai (Village), Melakottai (Post),
Tirumangalam (Tk), Madurai (Dt),
Tamil Nadu.
2. A.Vennila
3. V.Subbiah ... Petitioners
-vs-
___________
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W.P.(MD) Nos.6982 to 6984 of 2019
1. The Principal Secretary to Government,
Youth Welfare and Sports Development Department,
Namakkal Kavignar Maaligai,
Fort St. George, Chennai-600 009.
2. The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road, V.O.C.Nagar, Park Town,
Chennai-600 003, Tamil Nadu, India.
3. The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai-600 008.
4. The Member Secretary,
Sports Development Authority of Tamil Nadu,
116-A, Periyar EVR High Road,
Nehru Park, Chennai-600 084. ... Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Certiorarified Mandamus to call for the records
relating to the notification dated 08.03.2019 bearing No.2/2019 issued by
the Tamil Nadu Uniformed services Recruitment Board for Direct
Recruitment for Police Sub Inspector (Taluk Armed police and Special
Police Force) for the year 2019 on the file of the 3rd respondent and quash
the same in so far as not including the Silambam as one of the sports
discipline in the Sports category and provide 3% reservation as
contemplated under G.O.No.6, Youth Welfare and Sports Development (S1)
___________
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W.P.(MD) Nos.6982 to 6984 of 2019
Department dated 20.02.2019 the first respondent herein and consequently
direct the 3rd respondent to include the Silambam as one of the Sports
Discipline for Selection to the Sports category.
In all W.Ps.
For Petitioner : Mr.U.Karunakaran
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.A.K.Manikkam
Special Government Pleader
******
COMMON ORDER
The petitioners have filed the present writ petitions seeking the prayer to include “Silambam” as one of the sports discipline in the Sports category and provide 3% reservation as contemplated under G.O.No.6, Youth Welfare and Sports Development (S1) Department, dated 20.02.2019.
2. The petitioners state that Tamil Nadu Silambattam Association is formed with an aim and object to develop the martial art of Silambam as one of the sports tantamount to modern sports recognised by the State as ___________ Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6982 to 6984 of 2019 well as the Nation. The members of the petitioner-Association are trained in Silambattam. Therefore, the present writ petitions are filed seeking reservation for the candidates, who have trained in Silambam.
3. The learned Additional Advocate General appearing on behalf of the respondents brought to the notice of this Court that the petitioners have filed the writ petitions questioning the selection of the year 2019. However, the Government considered the claim of the petitioners and issued G.O.(Ms) No.46, Youth Welfare and Sports Development (S1) Department, dated 29.10.2021 granting 3% reservation in selection for appointment of meritorious sportspersons in the recruitment for identified posts in Government Departments and PSUs including Silambattam as sports discipline.
4. In view of the fact that the Government considering the claim of the petitioner-Association, issued Government Order redressing the grievances, the eligible members of the petitioner-Association are at liberty ___________ Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6982 to 6984 of 2019 to participate in the current selection process. However, the Government Order cannot be given with retrospective effect so as to invalidate the selection process already concluded before issuance of the Government Order in G.O.(Ms).No.46, dated 29.10.2021.
5. With the above observations, these Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
21.04.2022 Internet:Yes Index:Yes abr To
1. The Principal Secretary to Government, Youth Welfare and Sports Development Department, Namakkal Kavignar Maaligai, Fort St. George, Chennai-600 009.
2. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Park Town, Chennai-600 003, Tamil Nadu, India. ___________ Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6982 to 6984 of 2019
3. The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
4. The Member Secretary, Sports Development Authority of Tamil Nadu, 116-A, Periyar EVR High Road, Nehru Park, Chennai-600 084.
5. The Member Secretary, Tamil Nadu Uniformed Services Recruitment Committee (TNFUSRC), No.1, Jeenis Road, Panangal Maaligai, 8D-Floor, Saidapet, Chennai-600 015. ___________ Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6982 to 6984 of 2019 S.M.SUBRAMANIAM, J.
abr W.P.(MD) Nos.6982 to 6984 of 2019 21.04.2022 ___________ Page 10 of 10 https://www.mhc.tn.gov.in/judis