Madras High Court
V.Venkatesh vs Tamil Nadu Uniformed Services ... on 9 December, 2021
Order dated 09.12.2021
in W.P.Nos.13870, 9384 and 9387 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09.12.2021
Coram:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P.Nos.13870, 9384 and 9387 of 2020
and
W.M.P.Nos.17234, 17235, 20191, 11467, 11468,
11471, 11472, and 20194 of 2020
V.Venkatesh, S/o V.Venkataraman .. Petitioner in W.P.No.13870 of 2020
J.Madanraja, S/o B.Jayaraman .. Petitioner in W.P.No.9384 of 2020
M.Madhan Kumar, S/o N.Murugesan .. Petitioner in W.P.No.9387 of 2020
Vs.
Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Member-Secretary,
Chennai-600 008. .. Respondent in W.P.No.13870 of 2020
1. The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Home (Police) Department,
Secretariat, Chennai-9.
2. The Director General of Police,
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Tamil Nadu,
Dr.Radha Krishnan Salai,
Mylapore, Chennai-4.
3. The Chairman,
Tamil Nadu Uniformed Services
Recruitment Board,
Chennai-2.
.. Respondents in W.P.Nos.9384 and 9387 of 2020
Writ Petition No.13870 of 2020 filed under Article 226 of the
Constitution of India, praying for issuance of a Writ of Certiorarified
Mandamus to call for the records relating to the list of general candidates
called for "PMT/ET/PET and CV" insofar as it relates to Karur District,
quash the non-selection of the petitioner (E.No.1910528) for appearing in
PMT/ET/PET and CV and to issue directions to the respondent to rectify all
the illegalities in the award of marks and consequently declare the petitioner
as 'selected' and include the E.No.1910528 of the petitioner for appearing in
all stages of selection proceedings or in the alternative to conduct
PMT/ET/PET and CV of all candidates, after the outcome of the enquiry into
irregularities in the written test is known, eliminate the persons involved in
such scam from the list and include E.No.1910528 of the petitioner for such
tests in the light of his performance in the written test.
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in W.P.Nos.13870, 9384 and 9387 of 2020
Writ Petition Nos.9384 and 9387 of 2020 filed under Article 226 of the
Constitution of India, praying for issuance of Writs of Declaration declaring
the written examination conducted by the third respondent pursuant to
Notification (2/2019), dated 08.03.2019 and the publication of the result in
RC.No.860/R2/TNUSRB/2019, dated 16.03.2020 is null and void and direct
the respondents to conduct fresh examination for the post of Sub-Inspector of
Police published by the third respondent in Rc.No.860/R2/TNUSRB/2019,
dated 16.03.2020.
For petitioner : M/s.M.Ravi in W.P.No.13870 of 2020
Mr.K.Venkataramani, Senior Counsel for
M/s.M.Muthappan in W.P.Nos.9384 and 9387 of 2020
For respondents:Mr.P.Kumaresn, Addl.Advocate General/Standing Counsel
in W.P.No.13870 of 2020
and for R-3 in W.P.Nos.9384 and 9387 of 2020
Mr.L.S.M.Hasan Fizal, Addl.G.P. for RR-1 & 2
in W.P.Nos.9384 and 9387 of 2020
COMMON ORDER
Writ Petition No.13870 of 2020 is filed praying for issuance of a Writ
of Certiorarified Mandamus to call for the records relating to the list of
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in W.P.Nos.13870, 9384 and 9387 of 2020
general candidates called for "PMT/ET/PET and CV" insofar as it relates to
Karur District, quash the non-selection of the petitioner (E.No.1910528) for
appearing in PMT/ET/PET and CV and to issue directions to the respondent
to rectify all the illegalities in the award of marks and consequently declare
the petitioner as 'selected' and include the E.No.1910528 of the petitioner for
appearing in all stages of selection proceedings or in the alternative to
conduct PMT/ET/PET and CV of all candidates, after the outcome of the
enquiry into irregularities in the written test is known, eliminate the persons
involved in such scam from the list and include E.No.1910528 of the
petitioner for such tests in the light of his performance in the written test.
2. Writ Petition Nos.9384 and 9387 of 2020 are filed praying for
issuance of Writs of Declaration declaring the written examination conducted
by the third respondent pursuant to Notification (2/2019), dated 08.03.2019
and the publication of the result in RC.No.860/R2/TNUSRB/2019, dated
16.03.2020 is null and void and direct the respondents to conduct fresh
examination for the post of Sub-Inspector of Police published by the third
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respondent in Rc.No.860/R2/TNUSRB/2019, dated 16.03.2020.
3. The petitioners have participated in the recruitment in the selection
to the post of Sub-Inspector of Police (Taluk), Armed Reserve (Men and
Women) and Tamil Nadu Special Police (Men) - 2019. The petitioners belong
to the respective categories of community as claimed by them in the affidavits
filed in support of the Writ Petitions. According to them, they have appeared
in the written examination which was held on 12.01.2020 in the respective
Centres.
4. According to the petitioners, there was large scale irregularities
committed in the various Centres at the time of the written examination,
particularly, in Chennai, Vellore and Cuddalore Districts. The candidates with
continuous enrolment numbers, have been declared as "pass" in the written
examination. In the affidavit filed in support of W.P.No.13870 of 2020, the
enrolment numbers have also been mentioned in support of the allegation of
irregularities happened in those three Centres.
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5. According to the petitioners, more than 900 candidates have been
selected only from certain Centres, where mass copying was allowed.
Therefore, representations were submitted to the respondents to appoint a
Committee to enquire into the irregularities and postpone the further selection
in the matter. According to the petitioners, the selection process had been
riddled with irregularities and hence, the selection must await the outcome of
any enquiry to be ordered, and thereafter, a fair and impartial selection must
be conducted to select the candidates. In the said circumstances, the present
Writ Petitions have been filed for the reliefs stated supra.
6. In response to the Writ Petitions, the learned Additional Advocate
General/Additional Government Pleader have entered appearance for the
respondents and filed detailed counter affidavits. They submitted that the
entire issue of irregularities alleged in the subject selection, was the subject
matter of several Writ Petitions and this Court had granted certain directions
therein. In particular, they referred to W.P.(MD).Nos.7599, 7854 and 8065 of
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2020 before the Madurai Bench of this Court, by three respective candidates,
with similar allegations of mal-practice in the above said written examination.
Those Writ Petitions came to be disposed of on 17.08.2020, relevant portion
of which is extracted hereunder:
"7. Be that as it may, the learned Additional
Advocate General would further submit that, now
the learned counsel appearing for the petitioners
have confined with their prayer to look into the
allegations made by them by way of request or
representation with documents filed in support of
their allegations, that would be looked into and
thereafter, on verification of those allegations and
supporting documents, the respondent Recruitment
Board would take an appropriate decision as to
whether there had been a real chance of malpractice
as alleged by the petitioners and if so, definitely,
appropriate/suitable action would be taken in
accordance with law.
8. The said submission made by the learned
counsel for the parties including the learned
Additional Advocate General appearing for the
respondents have been taken note of by this Court.
9. On considering the said submissions made
by the learned counsel across the Bar appearing for
the parties, this Court feels that, instead of going
into the allegations and counter allegations as has
been projected by the parties in this batch of writ
petitions, direction can be issued to the respondent
Recruitment Board as desired by the petitioners to
look into those allegations with supporting
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documents and take a decision thereon, within a
time frame.
10. Accordingly, these writ petitions are
disposed of with the following orders:
(i) The respondents, especially
the Tamil Nau Uniformed Services
Recruitment Board shall take into
account the requests / complaints /
representations made by the petitioners
with supporting documents with regard
to the allegations made therein that as
to whether, there had been any chance
of malpractices by them at the time of
registering the candidature by number
of persons and also at the time of
conducting the written examination in
specified centres and accordingly,
those allegations can be gone into and
to find out whether any such
malpractices had taken place or there
had been a chance of such malpractice
and accordingly, take a decision for
disposing all those representations /
complaints with cogent and acceptable
reasons.
(ii) While making such exercise,
the respondent Recruitment Board, for
that purpose, can constitute an Expert
Committee on their own consisting of
two or three experts and if such
committee is constituted, the
constitution of the said committee can
be intimated to the petitioners also,
before whom, whatever materials,
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which are collected and are available,
can be submitted once again and
thereafter, let the committee can look
into those allegations with supporting
documents and give a report to the
Recruitment Board, based on which,
the 3rd respondent can take a decision
and pass final orders as indicated
above.
(iii) While deciding the same as
indicated above, if any further
materials are required by the
Recruitment Board from the petitioners
to substantiate their allegations and in
case, the petitioners also would be able
to get further information or materials,
which the petitioners desirous of
submitting before the Recruitment
Board for consideration, that exercise
can also be undertaken. After
completing the exercise as indicated
above, necessary final order shall be
passed by the third respondent within a
period of three months thereafter."
11. With these directions, these writ
petitions are disposed of. No costs. Consequently,
connected miscellaneous petitions are closed."
7. In pursuance of the directions of this Court (extracted supra), an
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Expert Committee was constituted, vide proceedings dated 29.09.2020,
consisting of three persons, each from the rank of Superintendent of Police,
Additional Superintendent of Police and Deputy Superintendent of Police. In
the meanwhile, one Mr.S.Ashokkumar, the petitioner in W.P.(MD).No.7854
of 2020, had filed appeal in Writ Appeal(MD).No.865 of 2020 before the
Madurai Bench of this Court, as against the above extracted common order
dated 17.08.2020 passed in W.P.(MD).Nos.7599, 7854 and 8065 of 2020,
and pending the above Writ Appeal, he has also sought stay of all further
proceedings in the Notification No.2/19. A Division Bench of this Court
(Madurai Bench), disposed of the above said Writ Appeal with the following
directions:
"2. Pursuant to the order passed by this Court
dated 17.08.2020, in W.P.(MD).Nos.7599, 7854
and 8065 of 2020, a Committee has been formed
by the Tamil Nadu Uniformed Services
Recruitment Board and the said Committee is
looking into the allegations made by the appellant.
3. Though the Writ Appeal has been filed
seeking to set aside the order dated 17.08.2020, the
learned counsel for the appellant confines his
prayer for modification of the said order, if the
Department has come forward to conduct an
enquiry by appointing a High Level Committee
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which has also been constituted and a report has to
be submitted within three months. If any
appointment is made in the interregnum period, it
would affect the interest of the appellant and the
very purpose will be frustrated and therefore, he
sought for modification of the earlier order that if
any appointment is made, the same shall be subject
to the outcome of the enquiry.
4. The learned Additional Advocate General
appearing for the respondents submitted that only
based on the consent given by the parties, this
Court passed the order dated 17.08.2020 in
W.P.(MD).Nos.7599, 7854 and 8065 of 2020, and
the learned Additional Advocate General has also
produced the proceedings of the Chairman,
TNUSRB, Chennai, in which, an Expert Committee
has been constituted to enquire into the allegations
about the recruitment of Sub-Inspector of Police--
2019.
5. The learned Additional Advocate General
undertakes that the enquiry will be conducted by
the Committee. In view of the same, the
recruitment process is allowed to proceed.
However, no final selection order will be published
and no appointment order will be issued till the
enquiry process is over and the report is published.
The selection list would be subject to outcome of
the enquiry.
6. Recording the abovesaid submission, this
Writ Appeal is disposed of. No costs.
Consequently, connected Miscellaneous Petitions
are closed."
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8. In the meanwhile, the Expert Committee which was appointed to go
into the allegations of irregularities, had completed its enquiry and concluded
in its report that the written examination was conducted in a fair and
transparent manner and a comprehensive report was also submitted on
09.11.2020 to the respondent-Tamil Nau Uniformed Services Recruitment
Board. On the basis of the Expert Committee's report, the Board arrived at a
decision and passed proceedings dated 10.11.2020. The comprehensive
report of the Expert Committee was also sent to the Registrar (Judicial) of
this Court at Madurai Bench on 13.11.2020 in a sealed cover.
9. In view of the above development, the present Writ Petitions cannot
be countenanced both in law and on facts.
10. The issue involved in the present Writ Petitions, is no more open to
further contest and the same has been concluded by the above stated
proceedings.
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11. This Court, is entirely in agreement with the submissions made on
behalf of the respondent-Board. This Court has already taken note of the
Expert Committee's report in this regard and the litigation(s) pertaining to it,
had been disposed of by this Court finally.
12. In the above circumstances, the present allegations are also part of
the investigation conducted by the Expert Committee and its report has also
been submitted, holding that there was no irregularity in the written
examination. When once the Expert Committee's report has been accepted by
this Court and the litigation/Writ Appeal having also been disposed of, as
extracted supra, no further orders are necessary as far as the present Writ
Petitions are concerned..
13. Accordingly, the present Writ Petitions stand dismissed as being
covered by the earlier orders/judgment of this Court as aforementioned and
extracted supra.
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14. No costs. Consequently, W.M.Ps. are closed.
09.12.2021
Index: Yes/no
Speaking Order: Yes
cs
To
1. The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Home (Police) Department,
Secretariat, Chennai-600 009.
2. The Director General of Police,
Tamil Nadu,
Dr.Radha Krishnan Salai,
Mylapore, Chennai-600 004.
3. The Chairman,
Tamil Nadu Uniformed Services
Recruitment Board,
Chennai-600 002.
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V. PARTHIBAN, J
cs
W.P.Nos.13870, 9384 and 9387 of 2020
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09.12.2021
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