Madras High Court
Manikandan vs The Member Secretary on 18 April, 2022
W.A.(MD)No.478 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 05.07.2022
PROUNOUNCED ON : 26.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.478 of 2022
and
C.M.P.(MD)Nos.4481 and 4482 of 2022
Manikandan ... Appellant
Vs.
The Member Secretary,
Tamil Nadu Forest Uniformed Services
Recruitment Committee (TNFUSRC),
No.1, Jennis Road, Panagal Maaligai,
8D-Floor, Saidapet,
Chennai – 600 015. ... Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent
against the order of this Court in W.P.(MD)No.2634 of 2021, dated
18.04.2022.
For Appellant :Mr.G.Kannan
For Respondent :Mr.S.P.Maharajan
Special Government Pleader
1/9
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.478 of 2022
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
This Writ Appeal is filed challenging the order passed
in Writ Petition W.P.(MD)No.2634 of 2021, dated 18.04.2022.
2. The prayer in the writ petition is for issuance of a
Writ of Certiorarified Mandamus, to quash the order of
rejection of candidature issued by the respondent through
website, dated 27.01.2021, in so far as the petitioner (Table –
1(b) by S.No.61, in (Reg No.20020048726) is concerned for the
post of Forest Guard with License and consequently, to direct
the respondent to accept the petitioner's First Aid Certificates
and select and appoint the petitioner to the post of Forest
Guard with license within the stipulated time.
3.The brief facts of the case are that the appellant has
completed 10th standard in March 2008, + 2 in March 2010,
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W.A.(MD)No.478 of 2022
has completed B.E., in 2013 and also obtained a PSTM
certificate and also possess LMV Driving License, dated
05.06.2013 and. The appellant was working as a Driver from
12.04.2016 to 30.04.2019 in M/s. Harini Travels for 3 years
and has completed the First Aid course in National Skill
Development of India by examination on 20.11.2019 and
completed another First Aid course in Mary First Aid Training
Institute by examination on 26.11.2020.
4. The petitioner has applied for the post of Forest
Guard and Forest Guard with license post as per the
Advertisement No.2 of 2019 through website on 30.11.2019.
The number of vacancies in respect of Forest Guard was
mentioned as 227 and Forest Guard with driving license with
current vacancy 2 posts and carry forward vacancies 91 posts
totally 320 vacancies. The Educational qualification
prescribed for this post is pass in Higher Secondary Course
(+2) with physics, chemistry, biology, zoology or botany as one
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W.A.(MD)No.478 of 2022
of the subject for the post of Forest Guard. For Forest Guard
with driving license, the prescribed qualification is same as
Forest Guard with further qualification of a valid driving
license issued by competent authority and also certificates
from a reputed firm that the candidate should possess
experience in driving of Light Motor Vehicle and Heavy Motor
Vehicle for a period of not less than 3 years after getting
driving license and also that the candidate must possess First
Aid Certificate by recognized organization. The petitioner had
submitted an application on 07.02.2020 through online for
both the above said posts, i.e., for forest guard with or without
license through online. The respondent through another
notification in website, dated 07.03.2020 for the same posts
issued Advertisement No.2 of 2019, dated 30.11.2019,
whereby increased the vacancies for the said posts of 320
vacancies to 406.
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W.A.(MD)No.478 of 2022
5. Heard Mr.G.Kannan, the Learned Counsel for the
appellant and Mr.S.P.Maharajan, the Learned Special
Government Pleader and this Court after active consideration
is passing the following order.
6. The issue raised in this writ appeal is that the
appellant had produced two first aid certificates issue by the
National Skill Development of India, dated 20.11.2019 and
then Mary First Aid Training Institute Data 26.11.2020. The
selection committee has taken only the second certificate
issued by the Mary First Aid Training Institute, dated
26.11.2020 and returned the other certificate and has rejected
the candidature stating that the appellant was not in
possession of first aid certificate as on the date of online
application. If the respondents had taken the certificate issued
by National Skill Development of India dated 20.11.2019 then,
the appellant was in possession of first aid certificate as on the
date of online application.
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W.A.(MD)No.478 of 2022
7. However, the respondents objected to the said
certificate stating that was not produced before the
committee. But the same was refuted by the appellant stating
that he had produced both the certificates but the committee
had stated that the last certificate is enough. In the counter
affidavit the respondent has not refuted this specifically. But
during the course of argument the respondents submitted in
the appellate stage that the statement is not acceptable. Since
the same was not refused during the writ petition stage this
refusal cannot be accepted at this stage. Since it is not
answered at relevant point of time, it need to be taken that the
appellant has produced both the certificates and the selection
committee has returned the other certificate. It is the mistake
of the selection committee.
8. The similar issue is considered by this Court in W.A.
(MD) No. 475 of 2022, elaborately dealt with the issue and has
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W.A.(MD)No.478 of 2022
granted relief to the appellant therein. Therefore, this Court is
of the considered opinion that the appellant is entitled to be
considered in the recruitment process. Therefore, the
respondent is directed to consider the appellant's candidature
and accept the certificate issued by National Skill
Development of India dated 20.11.2019 and include him in the
final selection list. The said exercise shall be completed within
a period of three weeks from the date of receipt of a copy of
this judgment.
9. This Court is absolutely concerned to note that the
appellant is qualified B.E. but serving as a driver in M/s.
Harini Travels. Now, he is seeking for a better opportunity in
the Forest Department. B.E. graduate is seeking a forest
watcher opportunity. If the said first certificate is not
considered, the appellant would be seriously prejudiced.
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W.A.(MD)No.478 of 2022
10. With the above said observation, the Writ Appeal is
allowed. No costs. Consequently, connected miscellaneous
petitions are closed.
[S.S.S.R., J.] [S.S.Y., J.]
26.07.2022
Index : Yes / No
Tmg
To
The Member Secretary,
Tamil Nadu Forest Uniformed Services
Recruitment Committee (TNFUSRC),
No.1, Jennis Road, Panagal Maaligai,
8D-Floor, Saidapet,
Chennai – 600 015.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.478 of 2022
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
Tmg
W.A(MD)No.478 of 2022
26.07.2022
https://www.mhc.tn.gov.in/judis
