Madras High Court
Vijaya Kumar vs Tamil Nadu Uniformed Services ... on 10 August, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.3612 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.3612 of 2020
and W.M.P.Nos.4248, 4249 & 4250 of 2020
Vijaya Kumar ... Petitioner
Vs.
1.Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Chairman(DGP)
Old Commissioner of Police Campus,
Pantheon Road, Egmore,
Chennai-600008.
2.The Chairman,
Sub Committee,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Campus,
Pantheon Road, Egmore, Chennai-600008. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Certiorarified Mandamus, calling for the records
relating to the order of the 2nd respondent made in Annexure-9B (Certificate
Verification Disqualification Slip) dated 26.11.2019 issued to the petitioner
(Enrolment NO. 0613054) and quash the same and further directing the
respondents to consider the claim of the petitioner based on the representation
dated 11.02.2020 for certificate verification and for appointment for the post of
GradeII Police Constable, Jail Warden, Firemen in the Common Recruitment
2019 and pass such other or further orders.
For Petitioner : Mr.V.M.Venkataramana
For Respondents : Mr.P.Kumaresan, AAG
assisted by
Mrs.Sowmi Datttan, Standing Counsel
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https://www.mhc.tn.gov.in/judis
W.P.No.3612 of 2020
ORDER
Challenging the impugned disqualification slip issued by the 2nd respondent made in Annexure-9B dated 26.11.2019, the present writ petition has been filed
2. The learned counsel for the petitioner has submitted that the petitioner applied for the Common Recruitment 2019 for the post of Grade -II Police Constable, Jail Warden, Fireman. The petitioner successfully cleared the written examination by securing 52 marks and completed physical measurement test and physical efficiency test and was called for certificate verification on 26.11.2019. The petitioner produced all his original certificates at the time of certificate verification. After verifying all the certificates, the petitioner was issued with the impugned Annexure9 B (Certificate Verification Disqualification Slip). The petitioner has made representation dated 11.02.2020 to the respondent to include his name in the provisionally selected list of candidates. Since no action has been taken on the part of the respondents, the present writ petition has been filed challenging the impugned disqualification slip.
3. According to the learned counsel for the petitioner, the petitioner has produced all the necessary certificates such as Community Certificate, SSLC 2/6 https://www.mhc.tn.gov.in/judis W.P.No.3612 of 2020 Certificate, PSTM Certificate, NSS Certificate before the incharge officer on 26.11.2019. Without verifying the same, the incharge officer has mentioned in the respective column as 'No' and disqualified the petitioner from selection to the post of Grade -II Police Constable/Jail Warden/Fireman through impugned disqualification slip. According to the learned counsel for the petitioner, the petitioner is fully eligible for consideration for selection to the said posts and the impugned disqualification slip issued by the 2nd respondent is liable to be quashed.
4. Mr.P.Kumaresan, learned Additional Advocate General for the respondents on instruction submitted that at the time of certificate verification, the petitioner has not produced the required documents viz., SSLC Certificate, Community Certificate, NSS Certificate and Certificate for having studied Tamil Medium in SSLC (PSTM) as mentioned in Annexure 9 b, therefore his name was not considered for selection to the post of Grade -II Police Constable/Jail Warden/Fireman. According the learned Additional Advocate General, the petitioner has also signed in the said form (Annexure -9b) after certificate verification completed, therefore petitioner cannot seek interference in the impugned order at this stage, accordingly the said claim made by the petitioner is liable to be dismissed. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.3612 of 2020
5. This Court has considered the submissions made by learned counsels appearing for the parties concerned and perused the materials available on record.
6. On perusal of the disqualification slip issued by the respondent it is mentioned in Row No. 1 (SSLC Certificate), Column No. 2 (Available in application Yes/No), but in the application form submitted by the petitioner, in resepct of SSLC Certificate is mentioned as 'confirmed'. Likewise in respect of certificates viz., Community Certificate, NSS Certificate and Certificate for having studied in Tamil medium (PSTM) in SSLC is mentioned as “No” in column no.3 “Original produced and verified as Yes/No”. In view of the above, it is clear that there are discrepancies in the entry made in the disqualification slip (Annexure 9(b)). The aforesaid disputed documents are issued by the authorities concerned prior to the submissions of the application. Therefore this Court is of the view that, it would be appropriate to direct the respondent to conduct certificate verification in respect of the petitioner's selection alone. Accordingly, the following directions are issued; 4/6 https://www.mhc.tn.gov.in/judis W.P.No.3612 of 2020 i. The respondents are directed to issue notice to the petitioner calling for all the required documents in respect of his selection process to the post of Grade II Police Constable/Jail Warden/Firemen, within a period of one week from the date of receipt of a copy of this order. ii. On receipt of such documents, the 2nd respondent shall conduct certificate verification and on satisfaction of the documents produced by the petitioner and if he is otherwise eligible, the 2nd respondent shall consider the petitioner for selection to the said post and pass appropriate order.
iii. Entire exercise shall be completed within a period of twelve weeks thereafter.
7. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
10.08.2022
Index : Yes / No
Internet : Yes / No
ak
To
1. The Chairman(DGP)
Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai-600008.
D.KRISHNAKUMAR, J.
5/6 https://www.mhc.tn.gov.in/judis W.P.No.3612 of 2020 ak
2.The Chairman, Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore,Chennai-600008.
W.P.No.3612 of 2020
and W.M.P.No.4248, 4249 & 4250 of 2020 10.08.2022 6/6 https://www.mhc.tn.gov.in/judis