Madras High Court
The Director vs M.Dhineshmuthu on 20 March, 2023
W.A.(MD) No.305 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD) No.305 of 2023
and
C.M.P.(MD) No.3474 of 2023
1.The Director
Tamil Nadu Fire and
Rescue Service Department
No.17, Rukmani Lakshmipathi Road
Egmore, Chennai-600 002
2.The Member Secretary
Tamil Nadu Uniformed Service
Recruitment Board
Pantheon Road
Egmore, Chennai-600 008 ... Appellants
-vs-
M.Dhineshmuthu ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 13.10.2022, passed in W.P.(MD) No.23607 of 2022, on the file of
this Court.
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W.A.(MD) No.305 of 2023
For Appellants : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.S.P.Maharajan
Special Government Pleader
For Respondent : Mr.A.Arul Jenifer
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Challenge in this writ appeal is to the order of the Writ Court,
dated 13.10.2022, passed in W.P.(MD) No.23607 of 2022, directing issuance of
appointment order to the respondent – writ petitioner, who was disqualified on
the ground of pendency of criminal case against him, relying upon Rule 5B(3)
of the Special Rules for Tamil Nadu Fire Subordinate Service, which was
introduced after the commencement of selection process.
2. The Writ Court had allowed the writ petition and directed
issuance of appointment order to the respondent – writ petitioner, solely on
the ground that a rule, which was introduced subsequent to the
commencement of the selection process, cannot be invoked to disqualify him.
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W.A.(MD) No.305 of 2023
3. We had considered the similar position in W.A.(MD) Nos.232 &
233 of 2023 and by a common order dated 08.03.2023, we have disposed of
the writ petitions observing as follows:
“6.Both Mr.Aswin Raja Simman and
Mr.Mohammed Imran appearing for the respondents
would submit that the orders impugned in the writ
petitions having been passed only based on Sub Rule
3, cannot be sustained. We are in agreement with the
contention of the learned counsel for the respondents
that the orders impugned in the writ petitions having
been passed only based on Sub-Rule 3 cannot be
sustained, since the Sub Rule 3 was introduced after
the commencement of the selection process. However,
we cannot, at the same time, preclude the employer
from looking into antecedents of the persons, who are
to be employed in the Uniformed Services in terms of
Rule 5 B (1) and (2). Therefore, while affirming the
orders in the writ petitions, we set aside the positive
direction issued by the Writ Court to issue
appointment orders to the petitioners. The Appointing
Authority, namely, the Director of Fire and Rescue
Services will consider the suitability of the petitioners
in terms of Rule 5 B (1) (2) and take appropriate
decision. Needless to state that the authority will
examine the issue with an open mind and without
being influenced by any of the observations made
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W.A.(MD) No.305 of 2023
either by the Writ Court or by us in this Judgment.
The authority will pass the orders within a period of
12 weeks from the date of receipt of a copy of this
order.”
4. In view of the same, this writ appeal is also disposed of on the
same terms. No costs. Consequently, connected miscellaneous petition is
closed.
[R.S.M., J.] [L.V.G., J.]
20.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.305 of 2023
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
krk
W.A.(MD) No.305 of 2023
and
C.M.P.(MD) No.3474 of 2023
20.03.2023
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https://www.mhc.tn.gov.in/judis
