Madras High Court
P.Karthik vs The Secretary To Government on 3 December, 2021
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P(MD)No.21359 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.21359 of 2021
and W.M.P.(MD)Nos.17915 and 17916 of 2021
P.Karthik ... Petitioner
versus
1. The Secretary to Government,
Home Department,
Fort St. George,
Chennai.
2. Inspector General of Police,
Tamil Nadu Uniformed Service
Recruitment Board (TNUSRB),
Old Commissioner of Police Office Complex,
Pantheon Road,
Egmore, Chennai.
3. Member Secretary,
Tamil Nadu Uniformed Service
Recruitment Board (TNUSRB),
Old Commissioner of Police Office Complex,
Pantheon Road,
Egmore, Chennai. ... Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P(MD)No.21359 of 2021
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorarified Mandamus, to call for the
records of the 3rd respondent in connection with the impugned order passed
by him in C.No.R2/5757/2020, dated 25.11.2021 and quash the same and
direct the respondents to select the petitioner (Enrolement No.2501394) for
the post of Grade II PC (AR & TSP), Jail Warden & Fireman 2020.
For Petitioner : Mr.K.Maniyarasu
For Respondents : Mr.Veera Kathiravan,
Additional Advocate General,
assisted by Mr.S.Shaji Bino,
Special Government Pleader
ORDER
This writ petition is filed as against the publication of provisional selection list for the post of Grade II Police Constable dated 25.11.2021.
2. The third respondent issued a Notification dated 17.09.2020 calling for applications to fill up the post of Grade II Police Constable (AR & TSP), Jail Warder and Firemen-2020. Pursuant to the said notification, the petitioner applied for the said posts under sports quota along with necessary documents. The third respondent approved his application and called for written examination to be held on 13.12.2020. The petitioner participated 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21359 of 2021 in the written examination and scored fifty marks in the written examination. Thereafter, he also participated in physical examination and certificate verification held on 26.07.2021 and 03.08.2021. The third respondent, on 25.11.2021, published the provisional selection list for the post of Grade II PC (AR & TSP), Jail Warder & Fireman 2020 in their website. However, the name of the petitioner was not found in the provisional selection list published by the third respondent under sports quota. Aggrieved over the same, the present writ petition is filed.
3. The grievance of the petitioner is that since the petitioner won silver medal in 6th Indo-Nepal Golden Cup Youth Rural Games 2019-20 and uploaded the certificate under Highest Sports Certificate Quota, he is entitled for selection to the said posts under sports quota. However, he has not been considered under Sports Quota and he has been considered under general category.
4. The learned Additional Advocate General appearing for the respondents submits that though the petitioner participated in written 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21359 of 2021 examination and physical test, the certificates enclosed by the petitioner have been issued by Youth Rural Games and Sports Federation of India and Youth Rural Games and Sports Association, which are not affiliated by Sports Development Authority of Tamil Nadu, Indian Olympic Association and Tamil Nadu Olympic Association. Therefore, the certificates relied on by the petitioner have not been taken into consideration.
5. This Court also perused the certificates relied on by the petitioner.
6. The certificates relied on by the petitioner have been issued by Youth Rural Games and Sports Federation of India and Youth Rural Games and Sports Association. In the information brochure issued for common recruitment for the post of Grade II Police Constable, Grade II Jail Warder and Fireman 2020, certain guidelines have been issued, which read as follows:
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7. A copy of Annexure 9 has also been placed before this Court, wherein, the details of recognized Sports Institutions are given and the same is extracted as under:
Sl. Name of the Games Recognized by
No.
1. Tamil Nadu Athletics Association
2. Tamil Nadu Basket Ball Association
3. Tamil Nadu Hand Ball Association
4. Tamil Nadu State Amateur Kabbadi Association
5. Tamil Nadu Judo Association List of Sports Associations
6. Tamil Nadu Amateur Wrestling recognized by Sports Association Development Authority of
7. Hockey Unit of Tamil Nadu Association Tamil Nadu, Tamil Nadu Olympic Association and
8. Tamil Nadu Volley Ball Association Indian Olympic
9. Tamil Nadu Boxing Association Association.
10. Tamil Nadu Gymnastics Association
11. Tamil Nadu Weightlifting Association
12. Tamil Nadu Aquatics Association
13. Tamil Nadu Foot Ball Association
14. Equestrian (Horse riding)
15. Tamil Nadu Shooting Association 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21359 of 2021
8. As per the guidelines issued in the information brochure and Annexure-9, the certificates enclosed by the petitioner have been issued by the institutions, which are not affiliated by Sports Development Authority of Tamil Nadu, Indian Olympic Association and Tamil Nadu Olympic Association. Therefore, the petitioner cannot claim candidature under Sports Quota. Further, the cut off marks in the General Category is 74.5 marks. Since the petitioner secured only 74 marks, he was not considered in the General Category also.
9. In view of the above, the writ petition is dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
03.12.2021 Index : Yes / No. Internet: Yes / No. ogy 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21359 of 2021 B.PUGALENDHI, J.
ogy To
1. The Secretary to Government, Home Department, Fort St. George, Chennai.
2. Inspector General of Police, Tamil Nadu Uniformed Service Recruitment Board (TNUSRB), Old Commissioner of Police Office Complex, Pantheon Road, Egmore, Chennai.
3. Member Secretary, Tamil Nadu Uniformed Service Recruitment Board (TNUSRB), Old Commissioner of Police Office Complex, Pantheon Road, Egmore, Chennai.
W.P(MD)No.21359 of 202103.12.2021 8/8 https://www.mhc.tn.gov.in/judis