Madras High Court
Appellant vs The Recruitment Committee on 6 June, 2022
W.A.No.1271 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mrs. Justice V. BHAVANI SUBBAROYAN
W.A.No.1271 of 2022
and C.M.P. No.8008 of 2022
.. Appellant
L.Sivasankar
Vs.
The Recruitment Committee,
Tamil Nadu Forest Uniformed Service,
9th Floor, Panagal Maligai,
Saidapet, Chennai-600 015. .. Respondent
Appeal preferred under Clause 15 of Letters Patent against the
order dated 07.01.2022 in W.P.No.43220 of 2016.
For Appellant : Ms.Reshmi Christy
For Respondents : Ms.S.Mythreye Chandru,
Special Government Pleader
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
Challenge in this appeal is made to the order dated 07.01.2022
recorded on W.P.No.43220 of 2016. This appeal is by the unsuccessful
writ petitioner.
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W.A.No.1271 of 2022
2. Learned advocate for the appellant / writ petitioner has
submitted that the learned single Judge should have granted relief
since the writ petitioner had participated in the selection process as a
sports person and though the certificate did not mention the term
'outstanding sports person', according to learned advocate, there is no
necessity for the said person to be known as an outstanding sports
person. The participation in the sports, that too by representing the
University should have been treated as sufficient qualification to
consider the case of the appellant under the head of 'outstanding
sports person' for recruitment as a Forester. It is submitted that this
appeal be entertained.
3. Having heard learned advocate for the appellant and having
considered the material on record, this Court finds as under:
3.1 The dispute concerns the recruitment on the post of
Forester. The Notification in this regard was issued on 22.12.2014,
where one of the stipulations was that the reservation would be as per
the Tamil Nadu Government Rules and Orders in force.
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W.A.No.1271 of 2022
3.2 The said policy of the State as contained in G.O.Ms.No.132
Environment and Forest (FR 2) Department dated 18.06.2002, is on
record, the relevant of which reads as under:
“3.The Government have carefully examined
the proposal of the Principal Chief Conservator of
Forests and have decided to accept it.
(i) Reservation to the extent of 10% will be
made on horizontal basis for outstanding Sports
Persons who have represented the State at Senior
or Junior Levels during last 3 years or who have
represented the Universities or those who have
represented the Country in recognized national /
International Competition and won top places, in
direct recruitment to the following posts in the
Forest Department.
1.Forester
2.Forest Guard
3.Forest Watcher
4.Driver”
3.3 Based on the above policy of the State, the candidature of
the appellant should have been considered by the recruiting agency.
Learned single Judge, on the basis of the material, has found that the
case of the writ petitioner could not be accepted as 'outstanding sports
person' since there was no material in this regard. The certificates
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W.A.No.1271 of 2022
produced by the writ petitioner did not satisfy the requirement of the
rule, for granting relief to the writ petitioner. According to us, not
granting relief by learned Single Judge in this factual background can
not be said to be an error much less any error apparent on face of
record, which needs to be corrected in exercise of power under Clause
15 of Letters Patent.
3.4 No relief can be granted to the writ petitioner in this appeal.
Accordingly, the appeal is dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
(P.U., J) (V.B.S., J)
06.06.2022
Index:No
mmi/12
To
The Recruitment Committee,
Tamil Nadu Forest Uniformed Service,
9th Floor, Panagal Maligai,
Saidapet, Chennai-600 015.
https://www.mhc.tn.gov.in/judis
W.A.No.1271 of 2022
PARESH UPADHYAY, J.
and
V. BHAVANI SUBBAROYAN, J.
mmi
W.A.No.1271 of 2022
06.06.2022
https://www.mhc.tn.gov.in/judis
