Madras High Court
P.Anbarasan vs The Member Secretary on 28 July, 2023
W.A.(MD) No.1216 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1216 of 2023
P.Anbarasan ... Appellant
-vs-
1.The Member Secretary
Tamilnadu Uniform Services
Recruitment Board
Chennai
2.The Chairman Sub Committee
Tamilnadu Uniform Services
Recruitment Board
Ramanathapuram Range
Ramanathapuram District
3.The Director General of Police-cum-
Inspector General of Prison
Whannels Road
Egmore, Chennai-600 008 ... Respondents
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W.A.(MD) No.1216 of 2023
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 22.04.2021, passed in W.P.(MD) No.8271 of 2021, on the file of
this Court.
For Appellant : Mr.V.Kannan
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.J.Ashok
Additional Government Pleader
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.]
This writ appeal is directed against the order of the learned Single
Judge, dated 22.04.2021, dismissing the writ petition in W.P.(MD) No.8271 of
2021, filed by the appellant herein.
2. The appellant applied for the post of Grade-II Police Constable
pursuant to the recruitment notification issued by the respondents in 2017. It
is the case of the appellant that he received an order dated 14.03.2019 from
the third respondent stating that he was not selected on account of his
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W.A.(MD) No.1216 of 2023
involvement in criminal cases and also suppression of the same in Serial Nos.
15 and 16 in the verification roll. Challenging the same, the appellant filed
the writ petition nearly two years later, on the grounds that the criminal cases
were registered only after he submitting the application and that in one of the
cases, he is not involved as the person involved actually in that case is one
Anbu.
3. Learned counsel appearing for the appellant states that now, in
both criminal cases, the appellant has been exonerated after investigation.
4. This Court finds that the learned Single Judge dismissed the
writ petition, mainly on the ground of laches. However, learned counsel for
the appellant has not produced any material to show that there is a valid
explanation for the appellant to file the writ petition after a delay of nearly two
years. To be noted, approaching this Court two years after completion of
selection process is a factor to be considered while exercising the discretionary
power of the Court in the writ petition.
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W.A.(MD) No.1216 of 2023
5. It is brought to the notice of this Court by the learned
Additional Advocate General appearing for the respondents that the
appellant's candidature was rejected as he has suppressed his involvement in
criminal cases in Serial Nos.15 and 16 of the Verification Roll.
6. This Court finds that when a specific order is passed by the
third respondent rejecting the appellant's candidature, on the ground of
suppression of material fact during verification, the appellant has not even
chosen to respond the same in the form of affidavit. However, the appellant
states that the criminal cases were registered after the submission of his
application and therefore, non-mentioning of those criminal cases in the
verification roll is not at all relevant.
7. The learned Single Judge, having regard to the facts and
circumstances of the case, has refused to entertain the writ petition, solely on
the ground of laches, as the appellant filed the writ petition only in the year
2021 challenging the order of rejection passed in the year 2019. Hence, this
Court finds no valid reason to interfere with the order passed by the learned
Single Judge.
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W.A.(MD) No.1216 of 2023
8. Therefore, this writ appeal fails and it is dismissed. However, it
is open to the appellant to apply afresh for recruitment, however, he is
reminded that he is required to disclose the nature of the criminal cases,
which he has failed to disclose in the present selection process. No costs.
[S.S.S.R., J.] [D.B.C., J.]
28.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Member Secretary,
Tamilnadu Uniform Services
Recruitment Board,
Chennai.
2.The Chairman Sub Committee,
Tamilnadu Uniform Services
Recruitment Board,
Ramanathapuram Range,
Ramanathapuram District.
3.The Director General of Police-cum-
Inspector General of Prison,
Whannels Road,
Egmore, Chennai-600 008.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1216 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
krk
W.A.(MD) No.1216 of 2023
28.07.2023
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