Madras High Court
The State Of Tamil Nadu vs L.Janarthanan on 7 April, 2022
Writ Appeal No.442 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MRS. JUSTICE N.MALA
Writ Appeal No.442 of 2022
1. The State of Tamil Nadu
rep. by its Secretary,
Home Department,
Fort St. George,
Chennai 600 009.
2. The Tamil Nadu Uniformed Services
Recruitment Board,
rep. by its Member Secretary,
Pantheon Road, Egmore,
Chennai 600 008. ... Appellants
vs.
L.Janarthanan ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 29.09.2021 passed by this Court in W.P.No.19020 of 2020.
For 1st Appellant : Mr.P.Kumaresan,
Addl. Advocate General
For 2nd Appellant : Mr.J.Lenin, Standing Counsel
For Respondent : Mr.K.Selvaraj
Page No.1 of 6
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Writ Appeal No.442 of 2022
JUDGMENT
(Judgment of the Court delivered by N.MALA,J.)
This Writ Appeal is filed against the order dated 29.09.2021 passed by
the learned Single Judge allowing the Writ Petition in W.P.No.19020 of
2020, wherein, the Writ Petitioner prayed for a writ of mandamus directing
the Respondents to consider his case for selection and appointment to the
post of Sub-Inspector of Police, by calling him for the viva-voce to be held
from 04.01.2021 onwards or in any other succeeding months, after adding 5
Special Marks to him and consequently make further selection in accordance
with the Notification dated 08.03.2019 issued by the Tamil Nadu Uniformed
Services Recruitment Board.
2. The short point for consideration in this Writ Appeal is that, at
what stage, Special Marks of 5, have to be awarded to the Petitioner.
3. According to the Writ Petitioner, Special Marks have to be
awarded even before the viva-voce is conducted. By an interim order dated
23.12.2020, this Court permitted the Writ Petitioner to participate in the viva-
voce test scheduled to be held on 04.01.2021. However, results were not
declared. Thereafter, by an order dated 29.09.2021, the learned Single Judge
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Writ Appeal No.442 of 2022
disposed of the Writ Petition directing the Respondents to declare the results,
with an observation that, the Writ Petitioner's appointment will be subject to
the merits of the case.
4. Respondents in the Writ Petition have come up with this Appeal
and their only submission is that, the Government vide G.O.(Ms.) No.168,
Home (Police VI) Department, dated 02.03.2017 has made it clear that,
Special Marks for both Open Quota candidates and Departmental Quota
candidates will be allotted at the stage of viva-voce, after production of the
relevant original Certificates or records. The said submission runs counter to
the orders passed by the First Bench of this Court.
5. The very same issue was raised before the First Bench of this
Court as could be seen in the order dated 03.11.2015 passed in
W.P.Nos.27201 and 27202 of 2015 (A.Manova Devanesan Jebastin vs.
State of Tamil Nadu), relied upon by the learned counsel appearing for the
Respondent/Writ Petitioner. In the said decision, the First Bench has held
that, the case of departmental candidates cannot be equated with outside
candidates, as there is no verification of Certificates required in their case.
The First Bench further held that, as departmental candidates have earned
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Writ Appeal No.442 of 2022
laurels for the Department in sports, it would be unfair and inequitable to
deprive them of the benefits of having earned laurels for their Department,
which they are entitled to in terms of the brochure and seeking to shut them
out, only because the credit is given post the viva voce stage. In the teeth of
the orders passed by the First Bench of this Court, it is not known as to how
the Appellants could have passed G.O.Ms.No.168, dated 02.03.2017,
equating the outside candidates with departmental candidates.
6. In view of the aforesaid First Bench decision of this Court, we
are of the view that, the order passed by the learned Single Judge has to be
sustained and it is accordingly upheld. We direct the Appellants to consider
the case of the Respondent/Writ Petitioner for awarding of Special Marks of
5. It is made clear that, selection and posting of the Writ Petitioner shall be
decided on merits.
The Writ Appeal stands dismissed with the above direction. No
costs. Consequently, connected C.M.P.No.3246 of 2022 is closed.
[S.V.N.,J.] [N.M.,J.]
07.04.2022
Index : Yes/No
Speaking Order : Yes/No
(aeb)
https://www.mhc.tn.gov.in/judis
Writ Appeal No.442 of 2022
To:
1. The Secretary,
The State of Tamil Nadu
Home Department,
Fort St. George,
Chennai 600 009.
2. The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Pantheon Road, Egmore,
Chennai 600 008.
https://www.mhc.tn.gov.in/judis
Writ Appeal No.442 of 2022
S.VAIDYANATHAN,J.
AND
N.MALA,J.
(aeb)
Judgment in
W.A.No.442 of 2022
07.04.2022
https://www.mhc.tn.gov.in/judis
