Madras High Court
S.Aswin vs The Chairman on 8 April, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.A.MD) No.507 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.04.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A(MD)No.507 of 2022
and
C.M.P(MD)No.4580 of 2022
S.Aswin ... Appellant/ Writ Petitioner
-Vs-
The Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore,
Chennai-600 008. ...Respondent/Respondent
PRAYER: Writ Appeal filed under Clause XV of Letters of Patent Appeal,
against the order dated 22.03.2022 made in W.P(md).No.9979 of 2021 passed by
this Court.
For Appellant : Mr.G.Prabhu Rajadurai
for Mr.C.Mahadevan
For Respondent : Mr.Veerakathiravan,
Additional Advocate General
assisted by Mr.D.Gandhiraj,
Special Government Pleader
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W.A.MD) No.507 of 2022
JUDGMENT
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
The case of an unfortunate Police Constable is otherwise qualified to get
selected as Sup-Inspector of Police in the selection process conducted in the year
2019, could not get through his way due to his omission to upload his certificate
in his proficiency in sports at district level, which should have given him one
percentage of mark. He, having secured 67.50% in the written test, could not
proceed further since the cut off of mark for BC was 68%, had he uploaded his
sports certificate in the district level, he would have gain one more percentage. He
realised that he is not uploaded his sports certificate, while making online
application. Hence, at the time of verification of the certificate, he produced the
same, but not considered by the Selection Authority. Hence, he preferred the writ
petition seeking Certiorarified Mandamus challenging the rejection order dated
11.05.2021.
2.The learned single Judge, after considering the facts, had dismissed the
writ petition relying upon the judgment.
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3.To buttress the legal principles that in the selection process, the Court
cannot interfere the regulations. Being aggrieved with the order of the learned
single Judge, the present writ appeal is filed by way of intra court appeal.
4.The learned Senior Counsel appearing for the appellant submitted that the
appellant was on special duty at Manimutharu Special Camp, which is far away
from his native place. He was having his certificate, due to work pressure, he was
not able to collect the certificate and upload it before the last date for submitting
his application. Therefore, after clearing the written test, during the certificate
verification, he produced his sports proficiency certificate. However, the same has
been rejected without due consideration of the reason for not uploading the
certificate at the time of submitting the application.
5.This Court, though feel sympathy to the case of the appellant, since the
law is very clear and settled in a selection process, the instructions and conditions
informed at the time of inviting the application will prevail and it is also
mandatory. There cannot be any exemption this strict compliance of regulations is
to avoid violation and malpractice. Therefore, the order of the learned single
Judge dismissing the writ petition being undue law laid down by the Apex Court,
we are not inclined to interfere in the said order.
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6.In view of the above, this writ appeal stands dismissed. No costs.
Consequently, connected miscellaneous petition is also closed.
[G.J., J.] & [R.P., J.]
08.04.2025
NCC : Yes / No
Index : Yes / No
Ns
To
The Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore,
Chennai-600 008.
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DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
Ns
and
08.04.2025
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