The Chairman vs P.Karthick Kumar
2023 Latest Caselaw 5320 Mad

                                                                     W.A(MD)No.657 of 2023


                    BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                         DATED : 02.06.2023

                                               CORAM:

                        THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                          and
                       THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                      W.A(MD)No.657 of 2023
                                              and
                                     C.M.P(MD)No.5945 of 2023

             1.The Chairman,
               Tamil Nadu Uniformed Service Recruitment Board,
               No.807, P.D.V.Sengalvaraya Naicker Maligai,
               Anna Salai, Chennai – 2.

             2.The Deputy Director,
               Fire and Rescue Services Department,
               Rukkumani Lakshmipathi Salai,
               Egmore, Chennai – 18.

             3.The Superintendent of Police,
               Thoothukudi District,
               Thoothukudi.                                ... Appellants/Respondents

                                                 -vs-

             P.Karthick Kumar                           ... Respondent/Writ Petitioner



             PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order

             dated 13.10.2022 made in W.P(MD)No.23573 of 2022.



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                                                                            W.A(MD)No.657 of 2023


                           For Appellants    : Mr.Veerakathiravan,
                                               Additional Advocate General,
                                               Assisted by,
                                               Mr.S.P.Maharajan,
                                               Special Government Pleader

                           For Respondent    : Mr.M.Pandian


                                                JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 13.10.2022 made in

W.P(MD)No.23573 of 2022, the appellants/respondents have filed this writ

appeal.

2. The issue that arises in this writ appeal is covered by our judgment in

W.A(MD)Nos.232 and 233 of 2023, dated 08.03.2023 wherein we had upheld

the right of the Department to conduct verification on the character and

antecedents of the candidates under Rule 5B of the Tamil Nadu Fire

Subordinate Service Rules (hereinafter referred to as “the Rules”).

3. In view of the same, the order of the Writ Court issuing a positive

direction to appoint the respondent is set aside while we affirm the conclusion

of the Writ Court on the prospectivity of Clause 2 of Rule 5B of the Rules. In

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W.A(MD)No.657 of 2023

the light of our conclusion, it will be open to the appellants to consider the

character and antecedents of the candidates before appointing them in terms of

5B(1) and (2) of the Rules.

4. The writ appeal is disposed of with the above modification.

No Costs. Consequently, connected miscellaneous petition is closed.

                                                    [R.S.M., J.]      [L.V.G., J.]
                                                               02.06.2023
             NCC         :Yes/No
             Index      :Yes/No
             PM


             To:

             The Headmaster,

Bharathiyar Corporation High School, Sellur, Madurai-2.

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W.A(MD)No.657 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

W.A(MD)No.657 of 2023

02.06.2023

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