Madras High Court
The Director General Of Police vs P.Selvaraj on 25 July, 2023
W.A.No.1818 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2023
CORAM
THE HON'BLE Mr. JUSTICE R.SURESH KUMAR
AND
THE HON'BLE Mr. JUSTICE K.KUMARESH BABU
W.A.No. 1818 of 2011 and
M.P.No.1 of 2011
1.The Director General of Police,
Chennai – 600 004.
2.The Chairman cum Director General of Police,
Tamil Nadu Uniformed Services
Recruitment Board, Anna Salai,
Chennai – 600 002. ... Appellants
Vs.
P.Selvaraj ... Respondent
Prayer : Appeal filed under Clause 15 of the Letters Patent Act, praying
to set aside the order dated 28.09.2010 made in W.P.No.566 of 2009.
For Appellants : Mr.P.Kumaresan
Additional Advocate General
Asst. by Mr.J.Lenin
Senior Counsel
For Respondent : No appearance
https://www.mhc.tn.gov.in/judis
1/8
W.A.No.1818 of 2011
JUDGMENT
(Judgment of the Court was delivered by K.KUMARESH BABU, J.)
This intra-Court appeal has been filed by the Government
challenging the order of the learned Single Judge dated 28.09.2010 in
W.P.No.566 of 2009 wherein the learned Judge had directed to award 0.5
marks to the respondent herein and further directed to issue orders of
appointment to the respondent herein.
2. Notice had been ordered to the respondent and the same has not
been served upon him. Therefore, this Court has permitted the substituted
service by Paper Publication which has been effected by the appellants
and proof of the same has also been filed. Even today no representation
on behalf of the respondent either in person or through counsel.
3. The brief facts of the case is that the appellants herein had
issued a notification dated 12.03.2008 for recruitment of Grade-II Police
Constable for the year 2007. The respondent, pursuant to the said
advertisement, had participated in the recruitment process. He belonged
to the Scheduled Caste Category and he had secured 51 marks. He had
https://www.mhc.tn.gov.in/judis
W.A.No.1818 of 2011
been placed in the 89th rank. In the aforesaid category of the list, 53
persons have been appointed and the respondent had been placed at 35th
rank in the waiting list. Being aggrieved for not awarding of 0.5 marks
for holding a NSS certificate, the respondent had approached this Court
by filing the writ petition in W.P.No.566 of 2009. The learned Single
Judge, having found that it was an error on the part of the appellants
herein in not awarding of 0.5 marks and if the 0.5 marks have been
awarded to the respondent, he would have obtained 51.05 marks and
certainly he would have superseded the last person, who had been
appointed who has got only 51 marks, had directed the appellants to
award 0.5 marks to the respondent and also to issue an appointment
order. Being aggrieved against the said order, the appellants are before
this Court.
4. We have heard Mr.P.Kumaresan, learned Additional Advocate
General appearing for the appellants.
5. The learned Additional Advocate General for the appellants
would draw the attention of this Court G.O.Ms.No.8, Youth Welfare &
Sports Development Department, dated 21.02.2002. The aforesaid G.O.
https://www.mhc.tn.gov.in/judis
W.A.No.1818 of 2011
provides the method of evaluation of volunteers work for issuance of
certificates to NSS Volunteers under the National Service Scheme.
According to him, the respondent herein do not fulfil any of the criteria
specified in the aforesaid Government Order as he has not produced any
certificate evidencing that he had been a NSS Volunteer for a continuous
period of two academic years. He would also submit that, the respondent
herein had produced only one certificate evidencing that he had
participated in a 10 days Special Camping Programme in a rural area,
that would not satisfy the requirement of the aforesaid G.O.Ms.No.8 to
qualify him for awarding 0.5 marks.
6. We have considered the said submissions made by the learned
Additional Advocate General for the appellants.
7. For better appreciation, the relevant portion of the aforesaid
G.O.Ms.No.8 dated 21.02.2002 is extracted heredunder:
“5) The method of evaluation of volunteers work for
issue of 'A' and 'B' Certificates to NSS Volunteers are as
follows:-
(i) “A” Certificate:
For Degree, Diploma, +2 students in Colleges, Polytechnics
and Schools.
https://www.mhc.tn.gov.in/judis
W.A.No.1818 of 2011
(1) One should be on the roll of NSS for a continuous
period of two academic years and he or she should
have completed NSS work of 240 hours in two years
under Regular activities.
(2) He/She should have participated at least in one
special camp.
This certificate is issued by the concerned authorities to the
student volunteers based on the performance of the students
in the regular activities, hours of work etc. Each unit will
maintain the attendance register, project register, individual
achievement register, blood donors list, literacy educators
list, list of trainers and trained youth etc. The NSS volunteers
work diary will also play a vital role in assessing the
individual performance.
(ii) “B” Certificate:
A student who is having “A” certificate can apply for “B”
certificate. He/She should have participated in any one of the
Inter-University/Inter – Collegiate / Inter-Polytechnic
Programmes/State level Programmes/District/Regional level
leadership motivation Programme/Youth adventure/youth
exhibition/blood donation/Pre-RD/RD Parade/ NIC Inter
State Youth Exchange Programmes / Mass Literacy
Programme/Disaster Management activities and any other
national level programme. The procedure laid down by the
NSS Regional Centre for the issue of “B” certificate will be
strictly followed.
The top level “B” certificate holders are alone eligible to
https://www.mhc.tn.gov.in/judis
W.A.No.1818 of 2011
apply for State / National level awards.”
8. The learned Single Judge had proceeded on the basis that the
notification issued by the Government do not specify any criteria as to
who is a NSS Volunteer and therefore had held that the respondent is
entitled to be awarded 0.5 marks. The learned Judge had not taken into
account that it is not only the respondent who had made a claim based
upon a NSS certificate issued for Volunteers under NSS, if the said
benefit is to be extended to the respondent, then the same will have to be
extended to similarly placed persons and thereafter a list has to be
redone, therefore singling out the respondent for awarding the 0.5 marks,
in our view, is erroneous.
9. Be that as it may, further as submitted by the learned Additional
Advocate General for the appellants, the issuance of NSS certificate had
been provided under the Government Order dated 21.02.2002 wherein it
had clearly stated that, the NSS Volunteers would be issued two kinds of
Certificate, originally 'A' Certificate is issued if he had put in any service
for a continuous period of two academic years and he or she should have
completed NSS work of 240 hours in two years under Regular activities
https://www.mhc.tn.gov.in/judis
W.A.No.1818 of 2011
in NSS during his degree/diploma, +2 students in Colleges, Polytechnics
and the school period, only then he would be entitled for NSS Certificate
and with regard to this certificate, a person who is holding a 'A'
certificate and if he had participated any of the programmes indicated
therein, then he would be entitled for 'B' certificate. The respondent
herein had not produced any such certificate except for one certificate
issued to him for participation of 10 days special camp programme, this,
in our considered view, would not entitle the respondent for awarding of
the marks as specified in the notification.
10. In view of the aforesaid reasons, we find that the order
impugned is erroneous and therefore is liable to be set aside, accordingly
it is set aside. In fine, the Writ Appeal is allowed. However, there shall
be no order as to costs. Consequently, connected miscellaneous petition
is closed.
(R.S.K., J.) (K.B., J.)
25.07.2023
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
Sgl
R. SURESH KUMAR, J.
https://www.mhc.tn.gov.in/judis
W.A.No.1818 of 2011
And
K.KUMARESH BABU, J.
Sgl
W.A.No.1818 of 2011
25.07.2023
https://www.mhc.tn.gov.in/judis
