Madras High Court
Periyakaruppan vs The Member Secretary on 18 April, 2022
W.A.(MD)No.476 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.476 of 2022
and
C.M.P.(MD)Nos.4479 and 4480 of 2022
Periyakaruppan ... 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.2633 of 2021, dated
18.04.2022.
For Appellant :Mr.G.Kannan
For Respondent :Mr.S.P.Maharajan
Special Government Pleader
1/10
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W.A.(MD)No.476 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.2633 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.39, in (Reg No.20020031094) 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 writ petition are that the
petitioner completed 10th standard in March, 2005, 12th
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W.A.(MD)No.476 of 2022
standard in March 2007 and possess LMV driving License,
dated 26.02.2013. The petitioner has completed B.E., and
possess PSTM certificate. The petitioner had worked as Driver
from 01.08.2016 to 30.04.2020 in M/s. Devi Travels for a
period of 4 years. The petitioner submitted that the first aid
certificate from St. John Ambulance Association for the class
conducted from 02.01.2020 to 09.01.2020 and also completed
another first aid course in National Skill Development of India
by examination on 20.01.2020.
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. Educational qualification prescribed for
this at post is pass in higher secondary course (+2) with
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W.A.(MD)No.476 of 2022
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 process 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.
5. The petitioner had submitted an application on
03.02.2020 through online for both the above said posts, i.e.
for forest guard with or without license through online. 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
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W.A.(MD)No.476 of 2022
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 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 03.02.2020
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
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W.A.(MD)No.476 of 2022
30.11.2019, whereby increased the vacancies for the said
posts of 320 vacancies to 406.
6. The contention of the petitioner was that when the
petitioner had applied through online application on
03.02.2020, the petitioner was having the first aid certificate
issued by the National Skill Development of India by
examination on 20.01.2020. The claim of the petitioner is he
had completed the certificate course and thereafter, the
petitioner has applied for online application on 03.02.2020.
The contention of the respondent was that as on the date of
notification, the petitioner was not in possession of the said
certificate, the date of notification was 30.11.2019.
7. The learned Single Judge held that the petitioner
should possess the first aid certificate on the date of
notification, i.e. 30.11.2019. Since the petitioner has obtained
the certificate after that, the petitioner is not entitled to any
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W.A.(MD)No.476 of 2022
relief.
8. 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.
9. In the Information Brochure, it was specifically
stated that the candidate must possess valid first aid
certificate issued by recognized organization in Tamil Nadu at
the time of online registration and also at the time of
certificate verification.
“(g) FIRST AID CERTIFICATE FOR THE POST OF
FOREST GUARD WITH DRIVING LICENSE
Candidates must possess valid First Aid Certificate
issued by the recognized organization in Tamil Nadu
at the time of Online Registration and also at the
time of Certificate Verification. It is also informed
that the candidature of many candidates was
cancelled during the last recruitment of Forest
Guard with Driving License for not producing valid
First Aid Certificate.”
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W.A.(MD)No.476 of 2022
The notification Brochure is not stating that the candidate
should process the certificate on at the date of issuance of the
advertisement / notification. The respondent has wrongly
interpreted their own Information Brochure. In the present
case, the appellant has submitted the online application on
03.02.2020 and he is in possession of the first aid certificate
dated 20.01.2020, i.e. around 15 days prior to the online
application dated 03.02.2020. Unfortunately, the Learned
Single Judge has not considered this aspect and hence the
impugned order passed in the writ petition is liable to be set
aside.
10. Therefore, the impugned order is set aside and the
appellant is entitled to relief, since the he is in possession of
the first aid certificate on the date of online application dated
03.02.2020. Therefore, the respondent is directed to consider
the appellant's candidature and include in the final selection
list. The said exercise shall be completed within a period of
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W.A.(MD)No.476 of 2022
three weeks from the date of receipt of a copy of this
judgment.
11. 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.476 of 2022
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
Tmg
W.A(MD)No.476 of 2022
26.07.2022
https://www.mhc.tn.gov.in/judis
