Madras High Court
V.Sivaraja vs The District General Of Police on 19 January, 2021
W.P.(MD) No.19588 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD).No.19588 of 2020
W.M.P.(MD).Nos.16307 and 16309 of 2020
V.Sivaraja ... Petitioner
Vs.
1.The District General of Police,
Dr.Radhakrishnan Salai,
Mylapore,
Chennai, Tamil Nadu.
2.The Director,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai.
3.The Superintendent of Police,
The Superintendent Office,
Madurai District. ... 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 relating to the impugned order of the 2nd respondent in
Na.Ka.No.P.1/4339/2020, dated 04.06.2020 and quash the same and
consequently, direct the respondents to appoint the petitioner in the post
http://www.judis.nic.in
1/5
W.P.(MD) No.19588 of 2020
of Grade II Police Constable in Tamil Nadu Special Police for the year
2019 based on the provisional selection list in the light of the order
passed by the Honourable Apex Court.
For Petitioner : Mr.K.Selvam
For Respondents : Mr.K.Chellapandian,
Additional Advocate General
ORDER
Heard Mr.K.Selvam, learned counsel for the petitioner and
Mr.K.Chellapandian, learned Additional Advocate General, appearing for
the respondents.
2.The petitioner herein seeks for a direction to the respondents for
appointing him to the post of Grade-II Police Constable in the Tamil
Nadu Special Police, in connection with the recruitment notification
issued in the year 2019. One of the criteria for such consideration is that
the candidate should be eligible in all the required qualifications and
other conditions prescribed in the notification, as on the date of the
recruitment notification.
3.In the instant case, the recruitment notification was issued on
http://www.judis.nic.in
W.P.(MD) No.19588 of 2020
08.03.2019. The petitioner's candidature was not considered, since he
was involved in a criminal case, which was pending on the date of the
notification. The involvement in a criminal case is a disqualification for
consideration, as per the regulations governing the recruitment. It is not
in dispute that the criminal case was pending against the petitioner on the
date of notification and that the petitioner was acquitted only on
17.12.2019, which is after the date of notification. As such, on the date of
consideration, the petitioner's involvement in the criminal case would
render him disqualified for consideration and as such, I do not find any
infirmity in the impugned order, dated 04.06.2020, rejecting the
petitioner's candidature.
4.The learned counsel for the petitioner would submit that the
petitioner has been honourably acquitted by the learned Judicial
Magistrate in C.C.No.91 of 2015, through the Judgment dated
17.12.2019. It is needless to point out that if at all the petitioner is of the
view that the honourable acquittal would entitled him for consideration,
the same can be availed by him during the next recruitment process and
not in the present one, for the reasons stated above.
http://www.judis.nic.in
W.P.(MD) No.19588 of 2020
5.In the result, this writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
19.01.2021
Index : Yes / No
Internet : Yes / No
TM
NOTE: In view of the present lock down owing
to COVID-19 pandemic, a web copy of
the order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the
correct copy, shall be the responsibility
of the advocate/litigant concerned.
To
1.The District General of Police,
Dr.Radhakrishnan Salai,
Mylapore,
Chennai, Tamil Nadu.
2.The Director,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai.
3.The Superintendent of Police,
The Superintendent Office,
Madurai District.
http://www.judis.nic.in
W.P.(MD) No.19588 of 2020
M.S.RAMESH, J.
TM
W.P.(MD) No.19588 of 2020
19.01.2021
http://www.judis.nic.in
