Madras High Court
Hariprakash vs The Member Secretary on 18 April, 2022
W.A.(MD)No.475 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.475 of 2022
and
C.M.P.(MD)Nos.4475 and 4477 of 2022
Hariprakash ... 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.2632 of 2021, dated
18.04.2022.
For Appellant :Mr.G.Kannan
For Respondent :Mr.S.P.Maharajan
Special Government Pleader
1/18
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W.A.(MD)No.475 of 2022
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
This Writ Appeal is filed challenging the order dated
18.04.2022 passed in Writ Petition W.P.(MD)No.2632 of 2021.
2. The prayer in the writ petition is for Writ of
Certiorarified Mandamus, to quash the impugned rejection of
candidature order issued through the website, dated
27.01.2021, in so far as the petitioner (Table – 1(b) by S.No.8,
in (REG NO.20020004171) 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.
3. The brief facts as stated in the writ petition are that
the petitioner has completed 10th standard in March 2012, +2
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in March 2014 and possessing LMV driving license, has also
completed D.C.E. and obtained certificate as PSTM. The
petitioner has worked as Driver from 01.08.2016 to
30.04.2020 in Senthur Driving School for period of more than
3 years. The petitioner has completed the First Aid Course in
St. John Ambulance (India) on 05.01.2019 and also completed
another first aid course in St. John Ambulance Association by
examination on 01.02.2020. Thereafter completed the first aid
course on 13.10.2020 in Indian Institute of Emergency Medical
Services (IIEMS).
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
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W.A.(MD)No.475 of 2022
post is pass in Higher Secondary Course (+2) with physics,
chemistry, biology, zoology or botany as one 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
26.01.2020 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.475 of 2022
5. The contention of the petitioner is that on receipt of the
application, the first respondent issued an online examination
admit card directing the petitioner to attend the written
examination on 08.03.2020. The petitioner attended the
examination. The respondent has published through the
website, dated 24.11.2020, wherein the provisional list of
shortlisted candidates (1:3 ratio) for certificate verification,
physical standard verification or endurance test for the post of
Forest Guard with the driving license - 42 posts has been
published. In the said list, the petitioner's name published in
Serial No. 4 under General and further, he was selected in the
Forest Guard in (table I) General PSTM in Serial No.32. The
petitioner was called for certificate verification on 05.01.2021
and the petitioner attended and produced all the educational,
driving license, caste certificate, etc. The specific contention
of the petitioner is that after verifying the above certificates,
especially all the 3 First Aid Certificates produced by the
petitioner, the respondent Certificate Verification Committee
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W.A.(MD)No.475 of 2022
having satisfied with the first aid certificates have retained the
copy of the certificate issued on 13.10.2020 issued by Indian
Institute of Emergency Medical Services (IIEMS) and returned
the other two certificates issued by St. John Ambulance (India)
stating the other two certificates are not required.
6. The petitioner contended that the physical standards
verification test, the endurance test was held on 19.01.2021
and the petitioner passed the said test. The respondent
published the final list of selected candidates for both posts on
24.01.2021 and the petitioner's name was not found in both
the list. The petitioner sent a detailed representation through
Email on 01.02.2021. The respondent had passed the
impugned order, dated 27.01.2021, stating that the candidate
was provisionally admitted to the certificate verification and
upon scrutiny of certain certificates, it was noticed that the
certificate of first aid produced by the candidate in certificate
verification was not valid. Therefore, as per clause 17 (iv) and
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W.A.(MD)No.475 of 2022
class 17 (v) of Information Brochure the petitioner’s
candidature is rejected. The petitioner met the respondent
personally on 01.02.2021 and explained and had shown the
two first aid certificates possessed by him and contended that
he is having required experience as per the notification.
During the time of certificate verification, the petitioner had
produced all the three first aid certificates and the respondent
has taken into consideration only the current year certificate
issued by the Indian institute of Emergency Medical Services
and has come to the erroneous conclusion that the petitioner
was not possessing any certificate prior to the date of
notification. Aggrieved over said impugned selection list, dated
27.01.2021, wherein the petitioner's name was not there, the
writ petition was filed.
7. The respondent filed a detailed counter affidavit
stating that the petitioner had applied for the said two posts
and based on the information given by the petitioner in the
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online application, the respondent had admitted the petitioner
provisionally to attend the online examination on 08.03.2020.
The respondent had published in the notification, the
instructions to candidates for certificate verification and
physical standard verification on 19.11.2020. The provisional
list of shortlisted candidates in the ratio of (1:3) was prepared
based on merit in online examination and was issued on
24.11.2020. Further, batch wise list for certificate verification
and physical standards verification was published on
26.11.2020 and the certificate verification and physical
standard verification was scheduled from 05.12.2020 to
07.12.2020. But based on the interim stay order granted by
this Court, W.P.(MD)No.14876 of 2020 in W.P.No.17837 of
2020, dated 04.12.2020, the certificate verification of physical
standards verification was postponed. Finally, the said writ
petition was dismissed on 15.12.2020. The respondent had
published the revised batch wise list on 17.12.2020 afresh
from 05.01.2021 to 07.01.2021. The candidate at the time of
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W.A.(MD)No.475 of 2022
online registration, dated 26.01.21020, had declared in
declaration paragraph 8 as below:
“I also understand that I will produce all necessary
certificates or documentary proof related to the
appointment, in original at the time of certificate
verification if called for.”
8. The contention of the respondent is that it is well
established fact that the details given in the online application
must be in consonance with the certificates produced by the
candidate at the time of certificate verification. The petitioner
had produced the first aid certificate dated 13.10.2020 at the
time of certificate verification held on 05.01.2021. The
respondent contended that the petitioner did not possess the
first aid course certificate on the date of online application i.e.
on 26.01.2020. The petitioner participated in the first aid and
CPR training conducted by IIEMS only on 13.10.2020.
Therefore, the petitioner was ineligible to apply for the post of
Forest Guard with driving license and hence the petitioner's
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W.A.(MD)No.475 of 2022
candidature was rejected. Therefore, the respondent prayed to
dismiss the petition. The Special Government Pleader
appearing for the respondent submitted that the petitioner
produced the certificate on 13.10.2020 which is beyond
30.11.2019 and which is also a certificate not in accordance
with the information brochure. The notification was issued on
30.11.2019 and as on 30.11.2019, the petitioner was not in
possession of the required certificate. The certificate
verification was done subsequently and at the time of
verification the Authorities found that the certificate was
obtained by the petitioner after the date of notification.
Therefore, as per the conditions stipulated in the information
brochure, the petitioner became ineligible.
9. The Learned Single Judge has considered the claim of
the petitioner and submission of the respondent and has held
that the condition categorically stipulates that the candidates
must process valid certificate issued by the recognized
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W.A.(MD)No.475 of 2022
organization in Tamil Nadu at the time of online registration
and also at the time of certificate verification. Since the
petitioner has not produced the certificate issued prior to the
notification, the petitioner is not eligible for selection.
Aggrieved over the said order the writ petitioner has preferred
the present Writ Appeal.
10. 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.
11. The appellant has undergone training in St. John’s
Ambulance (India) First Aid Training Center and the said
institute has issued the provisional certificate No.00202114
wherein it stated that the date of examination is 05.01.2019
and the provisional certificate is valid for 3 months from the
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W.A.(MD)No.475 of 2022
date of examination. Another provisional certificate valid for 6
months issued by St. John Ambulance Association with
Certificate No.003649 and the date examination is 01.02.2020.
The third certificate issued by Indian Institute of Emergency
Medical Services (IIEMS) on 13.10.2020. It is the specific
contention of the appellant / writ petitioner that he had
produced the three certificates before the Certificate
Verification Committee,
a. Provisional Certificate No.00202114 dated 05.01.2019
by St. John’s Ambulance.
b. Provisional Certificate No.003649 and the date
examination is 01.02.2020 by St. John’s Ambulance.
c. Indian Institute of Emergency Medical Services
(IIEMS) on 13.10.2020.
The appellant had Provisional Certificate No.00202114 dated
05.01.2019 issued by St. John’s Ambulance which was issued
prior to the notification. However, the respondents objected to
the said certificate stating that was not produced before the
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W.A.(MD)No.475 of 2022
committee. But the same was refuted by the appellant stating
that he had produced all the three 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 the three
certificates and the selection committee has returned the
other two certificates.
12. The next contention raised by the respondents is that
the certificate is only provisional. The appellant submitted that
the since the St. John ambulance association has not issued
original certificate, the appellant approached St. John
ambulance association to issue the original certificates,
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W.A.(MD)No.475 of 2022
wherein the said center has issued a certificate stating that
the provisional certificate was issued which is valid for 3
months and the first aid training certificate is valid for 3 years
from the date of training and the original certificates are yet to
be received from the St. John ambulance Head Office,
Chennai. The relevant portion is extracted hereunder:
“The provisional certificate No.
PFAC/1901/00202114 for 3 months from the date of
training issued to the individual by the St. John
Ambulance (India) Tamil Nadu State was already expired
on 04.04.2019 Afternoon. The first aid training
certificate is valid for 3 years from the date of training
and the original certificate is yet to be received from St.
John Ambulance (India) New Delhi, through Tamil Nadu
state Centre, Chennai – 600031. The original
certificates will be sent to the individual as and when it
received from St. John Ambulance Head Office, Chennai
– 600 031.”
The St. John Ambulance (India) has also issued another letter
dated 05.02.2021, stating the inability to issue the original
certificates. The relevant portion of the letter is extracted
hereunder:
“Sub: Issue of provisional certificate for First Aid &
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W.A.(MD)No.475 of 2022
allied training-regd.
First Aid and allied Trainings are being conducted by
State centres and branches throughout India. The State
Center were earlier allowed to issue provisional
certificates for a period of up to three months at their
level. This was withdrawn during the meeting of the
National Council held on 28th July, 2020. Many States
have requested that this facility may be restored in the
interest of trainees, as the certificates from NHQ are not
received immediately. It has been agreed with the
approval of Hon'ble Chairman that the States Centres of
St. John may again be authorized to issue provisional
certificates for a period of up to three months.
Above may kindly be noted and it may be ensured that
the provisional certificates are not issued for a period
exceeding 3 months.”
From the letter, it is evident that the appellant was in
possession of provisional certificate as on date of online
application, but the said St. John Ambulance institution has not
issued the original certificates due to administrative problem.
Therefore, this Court is of the consider opinion that the
contention of the appellant ought to be accepted. It is an
admitted fact that the appellant has equipped himself with
first aid training and as on date of online application, he was in
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possession of certificate No.00202114 dated 05.01.2019,
which is prior to the date of notification dated 30.11.2019. If
the training center namely, St. John ambulance is not able to
issue final certificate, it is not the mistake of the appellant.
Infact, if the said allegation was put forth by the appellant, it is
incumbent on the Government to take action against the
erring training centers. But the Government is not a party in
this Writ Appeal.
13. This court is convinced that the appellant was in
possession of the provisional certificate No.00202114 dated
05.01.2019, as on date of online application dated 26.01.2020.
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 provisional certificate
No.00202114 dated 05.01.2019 and include him in the final
selection list. The said exercise shall be completed within a
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W.A.(MD)No.475 of 2022
period of three weeks from the date of receipt of a copy of this
judgment.
14. For the above reasoning, 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.475 of 2022
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
Tmg
W.A(MD)No.475 of 2022
26.07.2022
https://www.mhc.tn.gov.in/judis
