Madras High Court
K.Selvakumar vs Tamil Nadu Uniformed Services ... on 9 June, 2023
W.P(MD)No.13413 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.13413 of 2023
and
W.M.P(MD)Nos.11329, 11331 & 11332 of 2023
K.Selvakumar ... Petitioner
Vs
1.Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Member Secretary,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore,
Chennai – 600 008.
2.The Superintendent of Police,
Tenkasi District,
Tenkasi. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records of
the impugned order of the second respondent in Na.Ka.No. A4/9695/2023 dated
17.05.2023 and quash the same as illegal and consequently direct the
respondents to select and appoint the petitioner for the post of Grade - II Police
Constable in common recruitment for the post of Grade - II Police Constable,
Grade II Jail Warder and Fireman 2022 within the time stipulated by this Court.
https://www.mhc.tn.gov.in/judis
1/6
W.P(MD)No.13413 of 2023
For Petitioner : Mr.M.Kannan
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
Assisted by
Mr.K.Balasubramani
Special Government Pleader
ORDER
Heard the learned counsel appearing for the writ petitioner and the
learned Additional Advocate General assisted by the learned Special
Government Pleader appearing for the respondents.
2. The petitioner is an aspirant for the post of Grade – II Police
Constable. He took part in the recruitment process. Though he was successful
in the tests, he was disqualified on the ground of his involvement in criminal
case. Challenging the disqualification memorandum, the present writ petition
came to be filed.
3. The learned counsel appearing for the petitioner reiterated all the
contentions set out in the affidavit filed in support of the writ petition and
called upon this Court to set aside the impugned order and grant relief as
prayed for.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13413 of 2023
4. I am not in a position to grant relief to the petitioner. As rightly
pointed out by the learned Additional Advocate General, the petitioner figured
as an accused in Crime No.181 of 2014 registered on the file of
Pavoorchathiram Police Station. It was taken on file in C.C.No.151 of 2017 on
the file of Judicial Magistrate Court, Tenkasi. The case ended in acquittal as
early as on 18.09.2017. A reading of the judgment would indicate that the
prime witnesses turned hostile and that is how the petitioner secured acquittal.
The relevant service rule is as follows: Rule 13 of TNPSS reads as follows:
“Extract of Rule 13 of Special Rules for TNPSS (For Taluk
and AR Candidates)
13.Qualifications :
No person shall be eligible for appointment to the service
by direct recruitment unless he satisfies the appointing authority.
(a) that he is of sound health, active habits and free from
any bodily defect or infirmity unfitting him for such service
(b) that his character and antecedents are such as to quality
him for such service
(c) that such person does not have more than one wife
living of if such person is a Woman, that she is not married to any
person who has a wife living, and
(d) that he does not have knock knees or bow legs or flat
feet,
(e) that he has not involved in any criminal case before
Police Verification
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13413 of 2023
Explanation (1): A person who is acquitted or discharged on the
benefit of doubt or due to the fact that the complainant turned
hostile shall be treated as a person involved in a criminal case.
Explanation (2): A person involved in criminal case at the time
of Police verification and the case yet to be disposed of and
subsequently ended in honourable acquittal or treated as mistake
of fact shall be treated as not involved in a criminal case and he
can claim right for appointment only by participating in the next
recruitment.”
Explanation (1) squarely hits the petitioner. The validity of the service rule was
repeatedly put to challenge and was upheld on more than one occasion. The
order impugned in this writ petition cannot be faulted on any ground.
5. This writ petition is dismissed. There shall be no order as to costs.
Consequently, connected miscellaneous petitions are closed.
09.06.2023
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
MGA
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13413 of 2023
To
1.The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore,
Chennai – 600 008.
2.The Superintendent of Police,
Tenkasi District,
Tenkasi.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13413 of 2023
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.13413 of 2023
and
W.M.P(MD)Nos.11329, 11331 & 11332 of 2023
09.06.2023
https://www.mhc.tn.gov.in/judis
