Citation : 2025 Latest Caselaw 6283 Mad
Judgement Date : 22 April, 2025
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 17.03.2025
PRONOUNCED ON : 22.04.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.Nos. 32347, 28656, 32229, 31876. 33853, 33238, 31325, 32143,
32200, 32215, 34453, 35593, 31809, 32201, 32417, 32180 & 32176 of
2024
And
W.P.No. 5652 of 2025
And
W.M.P.Nos. 35129, 35131, 31258, 35008, 36670, 36026, 33979, 33981,
34910, 34967, 34968, 34990, 34991, 37336, 38464, 38465, 34575, 34971,
34972, 35201, 34940 & 34933 of 2024
And
W.M.P.No. 6244 of 2025
W.P.No. 32347 of 2024:
1. Mr.S.Mohamed Aslam
2. Mr.C.Sampath
3. Miss.V.Maragathavalli ... Petitioners
..Vs..
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1. The Director General of Police/Chairman
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Complex
Pantheon Road
Egmore, Chennai – 600 008.
2. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Complex
Pantheon Road
Egmore, Chennai – 600 008. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus to call for the records
pertaining to the revised provisional selection list issued by the second
respondent for the post of Sub-Inspector of Police, dated 08.10.2024 and the
consequential letters issued in (i) C.No. R2/1616/2023-4, dated 10.10.2024,
(ii) C.No.R2/1616/2023-3, dated 10.10.2024 and (iii) C.No.R2/1616/2023-
29 dated 10.10.2024 on the file of the second respondent and quash the
same as illegal incompetent and ultra vires and consequently direct the
respondents to appoint the first petitioner in the post of Sub-Inspector of
Police (AR) under BCM (PSTM) category, 2nd petitioner in the post of Sub-
Inspector of Police (TSP) under MBC & DNC (PSTM) category and 3rd
petitioner in the post of Sub-Inspector of Police (TK) under SCA-(W)
category respectively.
***
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For Petitioner :: Mr. S.Prabhakaran
Senior Counsel
for Mr. MA.Gouthaman
For 1st Respondent : Mr. M.Shajahan
Special Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.28656 of 2024:
M.Govindarasu ... Petitioner
..Vs..
The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Old COP Office Complex, Pantheon Road
Egmore, Chennai – 600 008. ... Respondent
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus to call for the entire
records relating to the final provisional selection list dated 29.01.2024 made
in RC No.R2/1616/TNUSRB/2023 on the file of the respondent and quash
the same in respect of the non-selection of the petitioner and consequently
direct the respondent to select eight candidates under OC quota and four
candidates under SC quota as per recruitment notification No.1/2023 dated
23.05.2023.
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***
For Petitioner :: Mr. C.Munusamy
For Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.32229 of 2024:
R.Prabhakaran ... Petitioner
..Vs..
1. The Secretary to Government
Home (Pol.II) Department
Secretariat, Fort St. George
Chennai -9.
2. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Complex,
Pantheon Road
Egmore, Chennai – 600 008.
3. The Director General of Police
and Head of Police Force
Dr.Radhakrishnan Salai,
Maylapore, Chennai -4. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus calling for the records of
the second respondent in connection with the provisional revised selection
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list of Department (Police) dated 03.10.2024 of Departmental candidates
under 20% quota for the candidates Antecedent Verification and Medical
Examination for the Joint Recruitment-2023 for the post of Sub-Inspector of
Police and quash the same in unconstitutional to the extent of not following
the Rule of Reservation in respect of Scheduled Caste candidates in all
stages of selection and also prescribing separate cut off marks for
Taluk/Armed Reserve / Tamilnadu Special Police, thereby not selecting the
petitioner under Scheduled Caste Reservation category and direct the
respondents to follow the Judgment rendered by the Hon'ble Supreme Court
reported in 2021 4 SCC 686 in the case of State of Tamilnadu Vs.
K.Shobana and also in the case of Saurav Yadav & Ors. Vs. State of
Uttarpradesh and Ors reported in 2021 4 SCC 542 and consequentially
issue directions to the respondents to select the petitioner to the post of Sub-
Inspector of Police and include his name under Scheduled Caste quota by
strictly following the Rule of Reservation and grant all consequential
service and benefits.
***
For Petitioner :: Mr. K.Venkataramani
Senior Counsel
for Mr.M.Muthappan
For RR 1 &3 : Mr. M.Shajahan
Special Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
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W.P.No. 31876 of 2024:
K.Syed Sulthan Ibrahim ... Petitioner
..Vs..
1. The Director General of Police/Chairman
Tamil Nadu Uniformed Services Board
Egmore, Chennai – 600 008.
2. The Superintendent of Police
Tamil Nadu Uniformed Services Recruitment Board
Egmore, Chennai – 600 008.
3. The State of Tamil Nadu
rep. by its Additional Chief Secretary
Home (Police) Department
Fort St. George, Chennai – 600 009.
4. Gomathi
5. Srudeesh Thileeban
6. R.Saravanakumar
7. M.Aravind
8. S.Tamilarasan
9. Rajkumar
10. Sameer Ahamed ... Respondents
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PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Mandamus to direct the respondents 1 to 3 to
revise and revisit (recast) the provisional Selection List dated 04.10.2024 by
preparing the list of candidates under General Turn (GT) at the first instance
in consideration of meritorious candidates irrespective of community
followed by communal vacancies in accordance with the ratio laid down by
Hon'ble Supreme Court in State of Tamil Nadu Vs. K.Shobana reported in
2021 (4) SCC 686, thereby to consider the claim of the petitioner for
selection to the post of Sub-Inspector of Police under category reserved for
BC(M).
***
For Petitioner :: Mr. L.Chandrakumar
For RR 1 & 2 :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
For 3rd Respondent :: Mr. V.Nanmaran
Additional Government Pleader
For RR 4 to 10 :: Mr. V.Karnan
W.P.No.33853 of 2024:
1. K.Tamilzhselvan
2. Venkatesh ... Petitioners
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..Vs..
1. The Government of Tamil Nadu
Rep. by its Secretary to the Government
Ministry of Home Department
Saint George Fort, Chennai.
2. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner Office Complex,
Pantheon Road
Egmore, Chennai – 600 008. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus calling for the records
pertaining to the Provisional Revised Selection list of Department (Police)
candidates for CAV and ME, Tamil Nadu Uniformed Services Recruitment
Board, Chennai -08, Joint Recruitment -2023, dated 03.10.2024 issued by
the second respondent, quash the same as illegal and consequently direct the
respondents to issue a revised selection list pursuant to the recruitment
Notification No.01/2023 dated 05.05.2023 in compliance with the principle
laid down by the Hon'ble Supreme Court in State of Tamilnadu Vs.
K.Shobana (2021 (4) SCC 686) and Saurav Yadav & Ors. Vs. State of
Uttarpradesh (2021 (4) SCC 542) and thereby to select and appoint the
petitioners to the post of Sub-Inspector.
***
For Petitioners :: Ms. S.Meenakshi
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For 1st Respondent :: Mr.S.Yashwanth
Additional Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.33238 of 2024:
M.Tamil Arasu ... Petitioner
..Vs..
1. The State of Tamil Nadu
Represented by the Secretary to Government
Home (Police) Department
Secretariat
Fort St. George
Chennai – 600 009.
2. Tamil Nadu Uniformed Services Recruitment Board
Represented by its Chairman
Old Commissioner of Police Office Campus,
Pantheon Road
Egmore, Chennai – 600 008. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus to call for the records
pertaining to the impugned selection list published by the second
respondent Board in its official website on 08.10.2024 and quash the same
as illegal and to consequently direct the respondents to appoint the
petitioner under BC (Sports) category in the post of Sub Inspector of Police
(Taluk).
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***
For Petitioner :: Mr. M.Ravi
For 1st Respondent :: Mr. M.Shajahan
Special Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.31325 of 2024:
Uma Suganthi ... Petitioner
..Vs..
1. The Secretary to Government
Home (Police III) Department
Fort St. George
Chennai - 600009
2. The Chairman
T.N. Uniformed Services Recruitment Board
Egmore, Chennai – 600 008.
3. The Director General of Police
Mylapore,
Chennai – 600 004.
4. Sethu Raman
5. Iyappan Balu
6. P.Sudalai
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7. Santhiyaku Priso
8. Arun Kishore
9. V.Rajasekar
10. M.Abarna
11. S.Petchimuthu
12. T.Rajaguru
13. B.Sumathi
14. A.Mohan Raj
15. J.Aravindh
16. M.Alagu Malaiyan
17. P.Aravind
18. V.Manikandan
19. M.Arivalagan
20. E.Alexander
21. P.Sathishanand
22. A.Vadivel Murugan
23. R.Mohanraj
24. M.Balraj
25. K.Selvaraja
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26. K.Manikandan
27. T.Naganatha Sethupathi
28. V.Pattulakshmanan
29. A.Roselinrubavathi
30. R.Prathap
31. J.Faizal
32. G.Menaga
33. M.Dinesh Kannan
34. V.Muthuvedi
35. R.Karthick
36. P.Karthik
37. S.Saravanan
38. M.M.Krishaveni
39. T.Pragatheeswaran
40. R.Chandru
41. P.Anand Kumar
42. P.Rajavel
43. M.Vaishnavi
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44. M.Gunaseelan
45. S.Kanagaraj
46. M.Hariharan
47. G.Elumalai
48. S.Hajith Basha
49. M.Velaiyan
50. Manoj
51. Gokul S
52. Thamaraiselvi R
53. Deivasigamani M
54. Ezhil Mani K
55. Hariharasudhan M
56. K.Prakash
57. Raamkumar P M
58. Sobanbabu S
59. Velmurugan A
60. V.K.Vinothkumar
61. Sathishkumar G
62. Vignesh R
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63. Sharukkhan B
64. Vasubalan P
65. Karuppasamy S
66. Gokulkannan M
67. Pandi M
68. Prithviraj K
69. Arunpandiyan M
70. Sethuajay SP
71. Vignesh A
72. Santhanakrishnan A
73. J Pearson
74. Jebaraj
75. M.Krishnamoorthy
76. Kamalraj
77. Kishore R
78. Suresh K
79. A.Rishop
80. K.Sundhareswaran
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81. Dhinakaran Mahendiran
82. S.Udhayaprakash
83. Sharmila S
84. M.Sivaramakrishnan
85. Shunmugapriya. G
86. Dhanalakshmi
87. Thannairam Moorthy
88. Muthu Selvam
89. Naveen Kumar M
90. K.Sathiya Kumar
91. Kalaiyarasan
92. Suresh Kumar S
93. Radha Krishnan M
94. Ramar S
95. S.Revathi
96. Ajithraj A
97. S.Ponerulappn
98. Suriyadeepan K
99. E.Priya
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100. Sangavi L
101. Nikhil M
102. I.Dhanasekar
103. G.Indhumathi
104. Saravanan M
105. Purushothaman V
106. R.Ramanathan
107. Raaja
108. Venkatesh K
109. Subash.T
110. Vivek Manoj
111. T.Kasturi Lakshmi
112. Muthu Kumar
113. M.Mohamed Amanulla
114. Suvalakshmi @ Santhiya R
115. S.Selvalakshmi
116. K.Suriyakumar
117. M.Kannan
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118. P.Nishanthan
119. C.Sakthivel
120. T.Abishiek
121. M.Nainar
122. M.Selva Veni M
123. V.Selvaganeshan
124. Ajith Raj D
125. Eben Christopher
126. Dhivya
127. Kottai Mani
128. Shivdharsan
129. Balakumaravel
130. Vinithkumar V
131. Mahalakshmi G
132. R.Manosundar
133. Dilliduri .M
134. Dhivagar. A
135. Balakrishnan V
136. G.Vinoth
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137. Thulasi Raj. R
138. Pradeep
139. Karthick Raja M
140. Nithish Kumaran P
141. S.Alexander
142. Nagoor Meeran
143. Inbasagaran
144. V.Thirumoorthy
145. M Sankar Pandi
146. I.Sathya Leka
147. Ranjitha
148. R.Karthick Ramesh
149. K.Thamilarasan ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus calling for the records
pertaining to the provisional selection list in notification No.1/2023
published on 03.10.2024 issued by the second respondent and quash the
same as unconstitutional, so far as the non-inclusion of the petitioner in the
category of backward class (women) and consequently direct the
respondents to implement 30% of reservation for women as per Section 26
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of the Tamil Nadu Government Servants (Conditions of Service) Act and
rule 3(a)(i) read with annexure-I of the Special Rules for Tamil Nadu Police
Subordinate Service and consequently select and appoint the petitioner as
Sub Inspector of Police with all service and monetary benefits from the date
on which the other selected candidates are appointed.
***
For Petitioner :: Ms. Dakshayani Reddy
Senior Advocate
for Mr.P.Arumugavel
For RR 1 &3 :: Mr.V.Nanmaran
Additional Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
For RR 4 to 8 : M/s. Ajmal Associates
For RR 9 to 49 :: M/s. Ajmal Associates
For RR 50 to 149 :: Mr.G.Ganesh Kumar
W.P.No.5652 of 2025:
R.Karthikeyan ... Petitioner
..Vs..
1. The Secretary to Government
Home (Police III) Department
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Fort St. George
Chennai - 9
2. The Secretary to Government
Human Resources Department
Fort St. George, Chennai – 9.
3. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Road,
Pantheon Road
Egmore, Chennai – 600 008.
4. The Director General of Police
Head of Police Force,
Dr.Radhakrishnan Salai
Mylapore,
Chennai – 5. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus calling for the records of
the provisional list of Sub-Inspectors directly recruited for the year 2023
(departmental police candidates) published by the third respondent dated
03.10.2024 and quash the same in so far as the non-inclusion of the
petitioner is concerned, and consequently direct the respondents to re-do the
entire placement of candidates following the rule of reservation (20%) and
further direct the respondents to select and appoint the petitioner as Sub-
Inspector of Police and send him for training.
***
For Petitioner :: Mr. K.Venkatramani
Senior Counsel
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for Mr.M.Muthappan
For RR 1 &3 :: Mr. S.Yaswanth
Additional Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.32143 of 2024:
J.Abirami ... Petitioner
..Vs..
1. The State of Tamil Nadu
Represented by the Secretary to Government
Home (Police) Department
Secretariat
Fort St. George
Chennai – 600 009.
2. Tamil Nadu Uniformed Services Recruitment Board
Represented by its Chairman
Old Commissioner of Police Office Campus,
Pantheon Road
Egmore, Chennai – 600 008. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus to call for the records
pertaining to the impugned selection list published by the second
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respondent Board in its official website on 08.10.2024 as so per as
petitioner concern and quash the same as illegal and to consequently direct
the respondents to appoint the petitioner under MBC (Sports) category in
the post of Sub Inspector of Police (Taluk).
***
For Petitioner :: Mr. Sharath Chandran
For 1st Respondent :: Ms. P. Vijaya Devi
Government Advocate
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.32200 of 2024:
G.Vishnupriya ... Petitioner
..Vs..
1. The Government of Tamil Nadu
Rep. by its Secretary
Home Department
Secretariat,
Chennai – 600 009.
2. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Pantheon Road
Egmore, Chennai – 600 008. ... Respondents
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PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus calling for the records
pertaining to the Provisional Revised Selection list issued by the second
respondent for the post of Sub Inspector dated 03.10.2024 and the
consequential letter issued in C.No.R2/1616/2023-21 dated 10.10.2024 on
the file of the second respondent and quash the same as illegal, incompetent
and ultravires, so far as the non-inclusion of the petitioner in the sports
category and consequently direct the respondents to appoint the petitioner in
the post of Sub-Inspector (TK) under GT-W (PSTM) (Sports) category.
***
For Petitioner :: Ms. Dakshayani Reddy
Senior Advocate
for Mr.R.Jayaprakash
For 1st Respondent :: Ms. A.Bakkiya Lakshmi
Government Advocate
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.32215 of 2024:
B.Shahira Banu ... Petitioner
..Vs..
1. The State of Tamil Nadu
Represented by the Secretary to Government
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Home (Police) Department
Secretariat
Fort St. George
Chennai – 600 009.
2. Tamil Nadu Uniformed Services Recruitment Board
Represented by its Chairman
Old Commissioner of Police Office Campus,
Pantheon Road
Egmore, Chennai – 600 008.
3. Tamil Nadu Uniformed Services Recruitment Board
Represented by
The Inspector General of Police/Member Secretary
Old Commissioner of Police Office Campus,
Pantheon Road
Egmore, Chennai – 600 008.
4. R.Yashmin ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus to call for the records of
the impugned selection list published by the 2nd and 3rd respondents Board in
its official website on 03.10.2024 and quash the same as illegal and to
consequently direct the respondents to appoint the petitioner under BC-M
(Muslim) with (PSTM) category in the post of Sub Inspector of Police
(Taluk).
***
For Petitioner :: Mr. C.D.Johnson
For 1st Respondent :: Mr. C.Jaya Prakash
Government Advocate
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For RR 2 & 3 :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
For 4th Respondent : Ms. N.Kavitha Rameshwar
W.P.No.34453 of 2024:
1. Jasminenisha A
2. Mohamed Azarudeen. P ... Petitioners
..Vs..
1. The State of Tamil Nadu
Represented by the Secretary to Government
Home (Police) Department
Secretariat
Fort St. George
Chennai – 600 009.
2. Tamil Nadu Uniformed Services Recruitment Board
Represented by its Chairman
Old Commissioner of Police Office Campus,
Pantheon Road
Egmore, Chennai – 600 008. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus to call for the records of
the impugned selection list published by the second respondent Board in its
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26
official website on 08.10.2024 and quash the same as illegal and
consequently as so per as petitioner concern and direct the respondents to
appoint the petitioner under BC (Muslim)-Women category in the post of
Sub Inspector of Police (Armed Reserve) and the second petitioner under
BC (Muslim) category in the post of Sub Inspector of Police (TSP).
***
For Petitioner :: Mr. G.Harshavarthan
For 1st Respondent :: Mr. M.Shajahan
Special Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No. 35593 of 2024:
Ms.N.Kokila ... Petitioner
..Vs..
1. The Director General of Police/Chairman
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Complex
Pantheon Road
Egmore, Chennai – 600 008.
2. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Complex
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Pantheon Road
Egmore, Chennai – 600 008. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus to call for the records
pertaining to the revised provisional selection list issued by the second
respondent for the post of Sub-Inspector of Police, dated 08.10.2024 and the
consequential letter issued in C.No. R2/1616/2023-24, dated 10.10.2024, on
the file of the second respondent and quash in so far as the petitioner
concern the same as illegal incompetent and ultra vires and consequently
direct the respondents to appoint the petitioner in the post of Sub-Inspector
of Police (AR) under BC (W) (Sports) category.
***
For Petitioner :: Mr. MA.Gouthaman
For 1st Respondent : Mr.V.Nanmaran
Additional Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.31809 of 2024:
A.Arunkumar ... Petitioner
..Vs..
1. The State of Tamil Nadu
Represented by the Secretary to Government
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Home (Police) Department
Secretariat
Fort St. George
Chennai – 600 009.
2. Tamil Nadu Uniformed Services Recruitment Board
Represented by its Chairman
Old Commissioner of Police Office Campus,
Pantheon Road
Egmore, Chennai – 600 008. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus to call for the records of
the impugned selection list published by the second respondent Board in its
official website on 08.10.2024 so per as petitioner concern and quash the
same as illegal and to consequently direct the respondents to appoint the
petitioner under MBC (PSTM) category in the post of Sub Inspector of
Police (Taluk).
***
For Petitioner :: Mr. G.Harshavarthan
For 1st Respondent :: Mr. S.Yashwanth
Additional Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.32201 of 2024:
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29
B.Ajithnathan ... Petitioner
..Vs..
1. The Government of Tamil Nadu
Rep. by its Secretary
Home Department
Secretariat,
Chennai – 600 009.
2. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Pantheon Road
Egmore, Chennai – 600 008. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus calling for the records
pertaining to the Provisional Revised Selection list issued by the second
respondent for the post of Sub Inspector dated 03.10.2024 and the
consequential letter issued in C.No.R2/1616/2023-21 dated 10.10.2024 on
the file of the second respondent and quash the same as illegal, incompetent
and ultravires, so far as the non-inclusion of the petitioner in the sports
category and consequently direct the respondents to appoint the petitioner in
the post of Sub-Inspector (TSP) under MBC/DNC (Sports) category.
***
For Petitioner :: Ms. Dakshayani Reddy
Senior Advocate
for Mr.R.Jayaprakash
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30
For 1st Respondent :: Ms. P. Vijaya Devi
Government Advocate
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.32417 of 2024:
1. M.Venkatesan
2. P.Raja
3. I.Kathiresan ... Petitioners
..Vs..
1. The Secretary to Government
Home (Pol.II) Department
Secretariat, Fort St. George
Chennai -9.
2. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Complex,
Pantheon Road
Egmore, Chennai – 600 008.
3. The Director General of Police
and Head of Police Force
Dr.Radhakrishnan Salai,
Maylapore, Chennai -4. ... Respondents
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31
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus calling for the records of
the second respondent in connection with the revised provisional selection
list dated 03.10.2024 of Department candidates under 20% quota for the
candidates Antecedent Verification and Medical Examination for the Joint
Recruitment-2023 for the post of Sub-Inspector of Police and quash the
same as unconstitutional to the extent of not following the Rule of
Reservation in respect of MBC/DNC candidates in all stages of selection
and also prescribing separate cut off marks for Taluk/Armed Reserve /
Tamilnadu Special Police, thereby not selecting the petitioner under
MBC/DNC Reservation category and direct the respondents to follow the
Judgment rendered by the Hon'ble Supreme Court reported in 2021 4 SCC
686 in the case of State of Tamilnadu Vs. K.Shobana and also in the case of
Saurav Yadav & Ors. Vs. State of Uttarpradesh and Ors reported in 2021 4
SCC 542 and consequently issue directions to the respondents to select the
petitioner to the post of Sub-Inspector of Police and include his name under
MBC/DNC quota by strictly following the Rule of Reservation and grant all
consequential service and benefits.
***
For Petitioners :: Mr. K.Venkataramani
Senior Counsel
for Mr.M.Muthappan
For RR 1 &3 : Ms.A.Bakkiya Lakshmi
Government Advocate
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32
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.32180 of 2024:
1. R.Surya
2. Aiswarya. V
3. Ramachandran. A
4. Hariharan. G ... Petitioners
..Vs..
1. The State of Tamil Nadu
Represented by the Secretary to Government
Home (Police) Department
Secretariat
Fort St. George
Chennai – 600 009.
2. Tamil Nadu Uniformed Services Recruitment Board
Represented by its Chairman
Old Commissioner of Police Office Campus,
Pantheon Road
Egmore, Chennai – 600 008. ... Respondents
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33
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus to call for the records of
the impugned selection list published by the second respondent Board in its
official website on 08.10.2024 and quash the same as illegal and to
consequently direct the respondents to appoint the 1st and 2nd petitioners
under BC (Sports) category in the post of Sub Inspector of Police (Armed
Reserve), Sub Inspector of Police (Taluk) respectively and the 3rd and 4th
petitioners in the post of Sub Inspector of Police (TSP).
***
For Petitioners :: Mr. K.Sharath Chandran
For 1st Respondent :: Mr. M.Shajakhan
Special Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
W.P.No.32176 of 2024:
1. Tamilarasan.K
2. Vinoth.S,
3. Sathiyamoorthy. C
4. P.Priya ... Petitioners
..Vs..
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34
1. The State of Tamil Nadu
Represented by the Secretary to Government
Home (Police) Department
Secretariat
Fort St. George
Chennai – 600 009.
2. Tamil Nadu Uniformed Services Recruitment Board
Represented by its Chairman
Old Commissioner of Police Office Campus,
Pantheon Road
Egmore, Chennai – 600 008.
3. R.Vasanth
4. Maruthupandian
5. Clindon ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus to call for the records of
the impugned selection list published by the second respondent Board in its
official website on 08.10.2024 and quash the same as illegal and to
consequently direct the respondents to appoint the 1st and 2nd petitioners
under MBC (Ward-Executive) category in the post of Sub Inspector of
Police (TSP) and BC (Ward-Executive) category in the post of Sub
Inspector of Police (Armed Reserve) and the 3rd and 4th petitioners under SC
(Ward-Executive) category and MBC (Ministerial-Female) category in the
posts of Sub Inspector of Police (Taluk) respectively.
***
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35
For Petitioners :: Mr. Sharath Chandran
For 1st Respondent :: Mr. V.Nanmaran
Additional Government Pleader
For 2nd Respondent :: Mr. P.Kumaresan
Additional Advocate General
Assisted by Ms. D.Sowmi Dattan
Standing Counsel
For RR 3 to 5 :: Ms. N.Kavitha Rameshwar
COMMON ORDER
These Writ Petitions have been filed in the nature of Certiorarified
Mandamus seeking records relating to the Revised Provisional Selection list
issued on 08.10.2024 by the second respondent / Member Secretary, Tamil
Nadu Uniformed Services Recruitment Board, Chennai, for the post of Sub-
Inspector of Police, and also the records relating to the consequential letters
dated 10.10.2024 in C.No.R2/1616/2023-4 and dated 10.10.2024 in
C.No.R2/1616/2023-3 and dated 10.10.2024 in C.No.R2/1616/2023-29 on
the file of the second respondent and quash the Revised Provisional
Selection list and also the aforementioned letters and direct the respondents
to appoint the writ petitioners in their respective categories to the post of
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Sub-Inspector of Police.
The Notification:
2. The second respondent/ the Member Secretary, Tamil Nadu
Uniformed Services Recruitment Board, Chennai had issued Notification
No.1/2023 on 05.05.2023 for direct recruitment for the post of Sub
Inspector of Police -2023 (Taluk, Armed Reserve and Tamil Nadu Special
Police (Men, Women and Transgenders) and invited online applications
from Indian citizens alone. The date of commencement of online
application was 01.06.2023. The last date for submission of online
applications was 30.06.2023. It had been stated that out of the total
vacancies 20% i.e., 123 posts would be reserved for departmental
candidates.
3. The break up of the vacancies for the posts of Sub-Inspector of
Police, Taluk Armed Reserve and Tamil Nadu Special Police had also been
separately given. Reservation for woman candidates for the post of Sub-
Inspector of Police (Taluk & AR) had been provided but no such
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reservation had been provided for the post of Sub-Inspector of Police (TSP).
The Departmental quota was also given. The quota for wards and sports
quota was given. It was also provided that in every such selection, 20% of
the vacancies will be set apart on preferential basis for candidates, who had
studied in Tamil medium. This was not applicable for departmental quota
candidates. The minimum qualifying marks in the main written
examination for the open candidates and departmental candidates was also
given.
4. An addendum was later issued on 23.05.2023 wherein the
vacancies for the post of Station Officers, Fire and Rescue Department (men
and women) were also given and similar details like the vacancies for men
and women and the total vacancies was also given.
5. The examinations were conducted and a provisional selection list
was published on 29.01.2024.
The First Challenge:-
6. A series of Writ Petitions were then filed questioning the
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provisional selection list raising an issue that the reservation policy was not
followed properly and if it had been followed properly, the writ petitioners
therein would have been selected.
7. By an order dated 21.06.2024, a learned Single Judge of this Court
in a batch of Writ Petitions took into consideration the submission made by
the learned Additional Advocate General that the respondents were also of
the prima facie view that errors had crept in while implementing the
reservation policy and that they would redo the selection list and that a
revised list would be placed before the Court. While directing the said
exercise to be carried out, the learned Single Judge had noted that this
exercise must be redone from the stage of short listing of the candidates for
physical measurement test, endurance test, physical efficiency test and viva-
voce which would mean after the stage of the written test. The learned
Single Judge had therefore issued the following directions, noting the
submissions of the learned Additional Advocate General:-
“3. It is also clarified by the learned Additional Advocate General for the second
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respondent that they will redo the exercise of short-listing the candidates for physical measurement test, endurance test, physical efficiency test, viva-voice etc. In the said list, if any of the new candidates are called, they will alone be called for physical measurement tests, endurance tests, physical efficiency tests etc., and in respect of the candidates who have already undergone the tests, the said tests will not be undertaken. However, their measurements and marks will be taken as such and a new list will be prepared in accordance with law. He also submits that due care will be undertaken to meticulously follow the directions of the Hon'ble Supreme Court of India in the cases of Saurav Yadav and Ors. Vs. State of Uttar Pradesh and Ors.1 and State of Tamil Nadu Vs. K.Shobana 2 and the revised select list will be published in accordance with law. It is also represented on behalf of the respondents that the entire exercise will be conducted within three months from the date of receipt of a copy of this order.
4. In view thereof, the grievances of all the writ petitioners, in all these Writ Petitions, shall
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stand redressed. It goes without saying that if, on the publication of the revised list or even short-
listing of the list or even in the physical endurance test, any other person has any other grievance, the same can be agitated afresh.
5. Recording the above, all these Writ Petitions stand disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. ”
Issuance of the Revised Provisional list:-
8. The respondents, claiming that they had followed the
aforementioned directions of the learned Single Judge in letter and spirit
then issued the Revised Provisional List on 03.10.2024. However, in this
Revised Provisional Selection list, the respondents provided only the Roll
numbers of the candidates and the unit / Taluk, Armed Reserve, Tamil Nadu
Special Police and Station Officer, to which they had been allotted. No
further details had been given.
The Second Challenge:-
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9. The Writ Petitions now under consideration were then filed
complaining that the names of the writ petitioners had been included in the
First Provisional List but omitted in the Revised Provisional List and that
those, who were omitted in the first list had now been included in the
second list and that therefore, this Court should call for the records of the
Revised Provisional Selection List and re-examine the same.
Interim Orders Passed:-
10. A learned Single Judge of this Court before whom the Writ
Petitions were listed on 28.10.2024 observed that the contentions raised by
the writ petitioners could be properly appreciated only if the Revised
Provisional List is also published in the same format as it was earlier
published on 29.01.2024.
11. This particular format included providing details relating to the
Rotation, Turn, Name, Community, Gender, Written Marks out of 70,
Endurance Test Marks, Viva voce Marks, Special Marks and the Total
Marks. It was directed that the said list shall be provided for all categories
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and the ratio of 1:5 followed by the ratio 1:2 shall also be properly shown in
the prescribed format. It had been observed that further issues raised like
provision of 30% reservation for women could be dealt with only after the
details are published.
Publication of Provisional Selection List with Details:
12. When the matter was then listed before this Court on 19.02.2025,
it was submitted by the learned Additional Advocate General that on or
before 24.02.2025 the Provisional List would be published as a Draft
Selection List which would be subject to the outcome of the result of the
writ petitions. The list with the requisite details and data was then published
on 08.10.2024. Copies were also given to the learned Senior Counsels /
Counsels for the writ petitioners, who took time to give further instructions
and advance arguments.
The Arguments:-
13. Arguments were advanced by Mr.S.Prabhakaran, Senior
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Counsel, Mr.K.Venkatramani, Senior Counsel, Ms. Dakshayani Reddy,
Senior Counsel, Mr.M.Ravi, Mr.C.Munusamy, Mr.M.A.Gouthaman,
Mr.C.D.Johnson, Mr.Sharath Chandran, Ms.S.Meenakshi and
Mr.Harshavardhan for the writ petitioners in the various Writ Petitions and
by Mr.P.Kumaresan, learned Additional Advocate General on behalf of the
respondents.
The Arguments-Petitioners:
14. Mr.S.Prabhakaran, learned Senior Counsel assailed the Revised
Provisional Selection List by pointing out that the respondents had
completely done away with basic principles relating to the methodology of
applying the reservation policy. The learned Senior Counsel with specific
reference to the facts in W.P.No. 32347 of 2024 argued that all the three
writ petitioners therein had been initially selected and notified as selected in
the first Provisional List. The first writ petitioner was selected under the
BCM (PSTM) category. The second petitioner was selected under the MBC
/ DNC (PSTM) category and the third petitioner was selected under the
SCA (W) (PSTM) category.
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15. In the Revised Provisional Selection List, the first petitioner
was declared as not selected. The second petitioner was declared as
disqualified in Physical Endurance Test and the third petitioner was
declared as not selected.
16. The learned Senior Counsel pointed out that those, who had not
been selected in the first list had now been shown as selected and the earlier
selected candidates have been declared as not selected. In this connection,
the learned Senior Counsel gave specific instances to point out that the
Revised Provisional List had actually been prepared with mala fide
intention to include specific candidates and to exclude the candidates who
had been shown as selected in the first list.
17. He pointed out a candidate, Ranjith Kumar G, who had been
selected in GT (PSTM) and belonged to MBC /DNC category and who had
got a total of 79.75 marks and had been selected under the Sports Quota.
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18. The second writ petitioner had earlier been selected under the
Sports Quota, had obtained higher marks, 81.25, but had however been
declared as disqualified in the physical endurance test. The marks had been
disclosed for the physical endurance test when the first list was published.
The second petitioner Sampath. C had obtained 15 out of 15 marks for
physical endurance test. The learned Senior Counsel wondered how having
obtained 15 marks in the only time when the said test was conducted, the
second petitioner was declared disqualified in the physical endurance test.
19. The learned Senior Counsel further pointed out that Ranjith
Kumar, who had been selected under the sports quota had actually obtained
less than 80 marks which was less than the cut off mark for that category.
20. He also pointed out the selection of Manikandan. S in MBC
/DNC (PSTM) turn and who belonged to MBC / DNC and who got a total
mark of 78.75 and had been included in the sports quota though again he
had obtained less than the cut off mark for the sports quota.
21. The learned Senior Counsel also pointed out the inclusion of
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Kumaravel. C under the general turn. He belonged to BC community and
had got 88.25 marks totally. The learned Senior Counsel claimed that this
candidate should have been included in the general turn under the open
quota. The marks obtained by him, 88.25 was higher then most of the
candidates, who had been included in the open quota. If he had been so
included in the open quota, then a deserving candidate under the Backward
community would have been selected. The learned Senior Counsel therefore
argued that the reservation policy to uplift deserving candidates had been
given a go by and deserving candidates from the reserved category had been
deliberately omitted to be included in the list.
22. The learned Senior Counsel further pointed out the instance of
Yasmin.R, who had been selected under the BCM(W) (PSTM) category and
who had been selected under the open quota with a total mark of 69.29. This
candidate had actually applied under the name of Lakshmi and was not
selected in the original list. After the earlier Writ Petitions had been filed
when specific directions had been given that the respondents must redo the
exercise only from conducting the physical endurance test alone onwards,
this candidate had submitted certificates relating to PSTM and that she had
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converted to Islam and those certificates were accepted after the first
provisional list had been released. The learned Senior Counsel stated that
the respondents had violated the rules and regulations by accepting the
certificates after the completion of the selection process and including her
under the BCM (W) (PSTM). It was asserted that she had never claimed
PSTM reservation when she had applied for the post. In this connection, the
learned counsel pointed out the first selection list for the said candidate with
enrollment No. 5104713 wherein she was given the total mark of 52.5 and
was not selected.
23. The learned Senior Counsel further argued that the respondents
had applied horizontal reservation within horizontal reservation which
principle is unheard of. He pointed out that under the sports quota, once
again reservation was granted to PSTM and to non PSTM candidates.
Similarly under the ward quota further reservation was granted to PSTM
and non PSTM category. The learned Senior Counsel therefore argued that
the Revised Provisional List as published had enabled undeserving
candidates to be included and deserving candidates to be omitted without
any reason. He therefore strongly asserted that the said list must be struck
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down by the Court.
24. Mr. K.Venkatramani, learned Senior Counsel, who was
instructed to argue in W.P.No. 32417 of 2024 and in W.P.No. 5652 of 2025
pointed out that two different methodologies had been adopted while
selecting the candidates under the 200% roster. Learned Senior Counsel
argued that when the candidates were short listed in the initial stage in the
ratio 1:5 and 1:2, the roster commencing from 90 onwards had been
followed. But however in the final selection of candidates in the 1:1 ratio,
this was not followed. The respondents had selected 23 candidates
comprising of 16 men and 7 women under the 31% reservation under
general turn and the rest of the candidates from turn Nos. 90 to 164 for
category I and for category II, 8 candidates had been selected under the
general turn and the rest from turn 165 to 190 by communal reservation.
For the third category, 8 candidates had been selected from general turn in
the list from turn Nos. 191 onwards. Learned Senior Counsel pointed out
that after the interview and final selection, a different method had been
adopted and meritorious candidates in all the three categories had been
omitted.
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25. He specifically pointed out that a candidate by name
S.Nagarajan, who belonged to BC and had secured 83.75 marks must have
been included in the general turn, but however since he was accommodated
in the BC category, a meritorious candidate in the BC category was not
selected.
26. With respect to the reservation for in service candidates of 20%
for a total number of 123 posts, for MBC category wherein 25 candidates
should have been selected, only 24 candidates were selected again leading
to a deserving candidate from MBC being denied opportunity. Learned
Senior Counsel further argued that under the GT, 38 candidates alone
should have been selected, but 39 candidates had been selected and by this
inclusion of one further candidate under GT, a deserving candidate under
the BC community had been denied the opportunity of being selected.
27. Learned Senior Counsel further argued that if the 1:5 ratio had
been followed, then 615 meritorious candidates alone should have been sent
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for physical efficiency test but an additional 28 candidates had been sent
and 8 of them had been selected. He very specifically argued that with
respect to the 30% reservation for women candidates less number of
meritorious women candidates have been selected. He gave the instance of
Selva Lakshmi with registration No. 8750053, who had secured 78 marks
and had been selected under the open quota but candidates, who had
secured over and above 78 marks had been selected under the communal
reservation, namely, BC/BCM/MBC/SC/ST/SCA. Learned Senior Counsel
pointed out that if those candidates, who had secured high marks had been
included in the general quota then meritorious candidates under each
category or community would have been selected. The learned Senior
Counsel therefore argued that the entire selection process under the Revised
Selection List would have to be set aside by this Court.
28. Ms. Dakshayani Reddy, learned Senior Counsel, who was
instructed to argue in W.P.No. 31325 of 2024 pointed out that in the
Revised Provisional List, 30% reservation for women candidates had not
been provided under the 20% Departmental Quota. The petitioner in that
Writ Petition was an inservice candidate and had applied under the
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Departmental Quota. The petitioner was selected in the original list under
GTW. Learned Senior Counsel contended that two candidates Dhivya.A
with enrollment No. 8050020, under the BC community and Pandi
Ammal.A with enrollment No. 8050085, under the MBC community and
who had secured 83 and 82.7 marks respectively, which was more than the
cut of marks off 81.75 fixed for the open category, were included under the
30% reservation for women. Since they had been included under the 30%
reservation for women, the writ petitioner stood ousted. It had been
contended that the respondents had granted 30% reservation for women and
had retained the entire remainder 70% exclusively for male candidates
without including any women though they had secured more marks then
male candidates.
29. With respect to the departmental quota, learned Senior Counsel
contended that the total vacancy was 123 and 30% reservation should have
been given under that particular quota and 37 candidates should have been
selected but only 30 candidates had been selected. The learned Senior
Counsel placed reliance on Section 26(2) of the Tamil Nadu Government
Servants (Conditions of Service) Act 2016 wherein it had been provided
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that a minimum of 30% of all vacancies in direct recruitment must be set
apart for women. Further, women candidates also have a right to compete
with the male candidates under the balance 70% and cannot be ousted if
they had secured high marks. The learned Senior Counsel further pointed
out that under the general turn for women, three women should have been
selected but only two were selected and for SC(W), two women were
selected instead of one.
30. Learned Senior Counsel further argued that in W.P.No. 32200 of
2024, the petitioner G.G.Vishnupriya, had been selected under the sports
quota in the first list. In the second list, the petitioner was declared as non
selected. The learned Senior Counsel assailed the non selection of the
petitioner. The learned Senior Counsel further questioned the selection of
another candidate Kavipriya, who was a departmental candidate and was
able to creep into the second list under the PSTM category, though she had
been selected under the PSTM category, when she was originally selected in
the police force. Learned Senior Counsel asserted that this particular
opportunity to be considered as a PSTM candidate can be availed only once
and in one selection process alone and not the next time. If Kavipriya had
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been correctly declared as unsuccessful, the petitioner in W.P.No. 32200 of
2024 would have been automatically selected.
31. The learned Senior Counsel was emphatic in her submission that
the Revised Selection List should be set aside.
32. Mr.M.Ravi, learned counsel in W.P.No. 33238 of 2024 pointed
out that the petitioner therein had been selected when the results were
published in the first instance. He had secured a total of 81.50 marks under
the general turn and belonged to BC community and had been allotted to the
Tamil Nadu Special Police. When the revised list was published, the
petitioner was declared not selected. The learned counsel pointed out that
one of the selected candidates, who had not been selected earlier,
Ramasamy, who had obtained 78.25 marks and was selected under the
sports quota and R.Karthik, who had secured 76.25 marks had been shown
as selected, whereas for BC PSTM, the minimum mark cut off was 81 and
for sports quota the minimum cut off was 81.50. The learned counsel
asserted that the selection of these two candidates, Ramasamy and
R.Karhtick had directly affected the petitioner herein, who had secured
higher marks in the written test, in the physical endurance test and in the
special marks and in the viva voce. He contended that the inclusion of
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Ramasamy and R.Karthick and the exclusion of the petitioner was
questionable.
33. The learned counsel also argued that in W.P.No. 34453 of 2024,
the petitioner Jasmine Nisha. A, had applied under the BC Muslim category
in the open candidates quota. She had been selected in the initial list. But
however, in the revised list the community of another candidate had been
altered to enable that candidate to be selected. The petitioner was ousted.
The learned counsel pointed out the specific case of Vinodhini @ Anisha
Fathima, who had converted to Islam and therefore claimed under
BC(M)(W) whereas in the first list, she had been categorised only as BCW
candidate. She later migrated from BCW to BC(M)(W) and the petitioner
stood ousted. The petitioner was a born Muslim and had practiced that
religion right through her life but was ousted by a candidate, who had
converted to Islam and certificate to that aspect had been accepted after the
publication of the first provisional list. The certificates relating to
conversion had not been submitted by that candidate when she had applied
for the post. The learned counsel argued that this Court should strike out the
Revised Provisional List and include the writ petitioner in the selected list.
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34. Mr. M.A.Gouthaman, learned counsel in W.P.No. 35593 of 2024,
who argued on behalf of the candidate N.Kokila stated that the writ
petitioner had been selected under the sports quota in the first list.
Thereafter, she had been omitted in the second list. In the first list, it was
declared that she had obtained a total mark of 72 and was selected under
BCW category. In the second list however she was not selected.
35. The learned counsel pointed out the instance of Navaskan . Y,
under the BC category and who had been granted weightage mark of 54
under BCM. In the earlier list, he had been shown as BC(M) PSTM.
Pointing out this discrepancy, the learned counsel argued that the revised
list had been prepared with intention to include undeserving candidates and
to exclude deserving candidates.
36. Mr. Harshavarthan, learned counsel for the writ petitioner in
W.P.No. 31809 of 2024 pointed out that the writ petitioner A.Arunkumar
had applied under MBC PSTM category and was included in the initial
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provisional list but omitted in the Revised Provisional List. The learned
counsel stated that the reservation under PSTM could be availed only once
but the respondents had granted such reservation to inservice candidates,
who had earlier been granted that particular reservation when they were
initially selected as Constables. The learned counsel argued that this was
violative of the Rules and more particularly of G.O.Ms.No. 234 dated
13.05.2023 which provided that PSTM reservation can be availed only once
by a direct recruit.
37. Mr.C.D.Johnson, learned counsel for the petitioner in W.P.No.
32215 of 2024, B.Shahira Banu stated that the petitioner had been selected
under the BC(M)(W) PSTM in the first list. She had been earlier selected as
Grade-II police constable. She was a first time graduate in the family and
had studied her entire education through Tamil medium. She had obtained a
total of 67.75 marks and was appointed to the Taluk category. She was the
only candidate under BC (M)(W) and PSTM category. However, in the
second list, she stood ousted. The learned counsel vehemently argued that
she had been robbed of her selection by another candidate Yasmin, who had
applied under the name Lakshmi and was not selected in the first list and
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thereafter had submitted certificates that she was a Muslim convert and was
therefore selected as BC (M)(W) candidate in the second list. The
certificates relating to conversion were given after Lakshmi was called for
the physical test. The learned counsel argued that the said certificate should
have been submitted when applying for the post and not later. She could
have converted to Islam but the certificate in that regard should have been
uploaded at the time when applying for the post and not introduced at a later
stage, after the results had been declared. The learned counsel therefore
asserted that the Revised Provisional List must be rejected by this Court and
the petitioner must be declared as selected.
38. Ms.S.Meenakshi, learned counsel for the writ petitioner in
W.P.No. 33853 of 2024 pointed out that the writ petitioners
K.Tamizhselvan and Venkatesh were employed as Grade -II Trafic
Constable and Grade-I Constable respectively and had competed for the 123
vacancies under Departmental Quota. Learned counsel stated that they had
obtained 79.25 marks and 79.00 marks respectively. Learned counsel
pointed out that when the revised list was published, it was found that in the
General Turn category, the last two candidates had obtained 80.25 and the
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last but four candidates had obtained 81.00 marks. The first six candidates
in the SC category had obtained 83, 83, 82.50, 81.50, 81.25 and 81.25
marks respectively which were higher then the last six candidates under the
General Turn category. The learned counsel therefore argued that those
candidates who were included in the Scheduled Caste category should have
been included under the General Turn. If that had been done, the
petitioners, who had obtained 79.25 and 79 marks would have been selected
under the Schedule Caste category.
39. The learned counsel argued that the selection was in direct
violation of the Judgment of the Hon'ble Supreme Court reported in (2021)
4 SCC 686 [ State of Tamil Nadu and Others Vs. K.Shobana and Others]
wherein the Supreme Court had very clearly stated that meritorious
candidates belonged to any community must be included only in the General
Turn to afford opportunity to others in those categories to also be selected.
40. Mr.L.Chandrakumar, learned counsel, who argued with respect
to the case of the petitioners in W.P.Nos. 31876 of 2024 and 32229 of 2024
also pointed out that the petitioners therein had been initially selected but
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later omitted in the second list. The learned counsel pointed out that the
petitioner in W.P.No. 31876 of 2024, K.Syed Sulthan Ibrahim and the
petitioner in W.P.No. 32229 of 2024, R.Prabhakaran had been initially
selected but later their names were not found when the revised list was
published. The learned counsel pointed out that M.Shafee with registration
No.1150081 belonging to BC Muslim had obtained 82.5 marks and should
have been included in the General Turn, but was selected as BC Muslim
male candidate and thereby another BC Muslim male candidate was
deprived of his chance of being selected. If he had been included in the
General Turn, the petitioner in W.P.No. 31876 of 2024 would have been
selected under BC Muslim male candidate but was ousted.
41. With respect to the petitioner in W.P.No. 32229 of 2024 the
learned counsel pointed out that the petitioner, belonged to SC community
and had obtained 68.5 marks and should have been included under the SC
community category. M.Sathiyamoorthy another SC candidate with
registration No.115117, who had secured 83 marks should have been
included under the General Turn, but was included under the SC category
thereby ousting the petitioner. The learned counsel further pointed out that
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another candidate belonging to the BC community S.Livingsingh
Divakaran with registration No.4850088, who had secured 80.75 marks was
included in the General Turn but M.Sathiyamoorthy, who had obtained 83
marks and belonged to SC community was not included in the General Turn
but included under the SC community. The learned counsel therefore
assailed the entire Revised Provisional List and claimed it should be struck
down.
42. Mr.Sharath Chandran, learned counsel for the petitioners in
W.P.No. 32176 of 2024 and W.P.No.32180 of 2024 pointed out that
Tamilarasan. K, Vinoth. S, Sathiyamoorthy.C and P.Priya, the petitioners in
W.P.No. 32176 of 2024 and R.Surya, Aiswarya.V, Ramachandran.A and
Hariharan.G, the petitioners in W.P.No. 32180 of 2024 were all included in
the initial provisional list but omitted in the Revised Provisional List. The
learned counsel argued that in the Revised List, Tamilarasan. K was
disqualified under the viva voce and P.Priya was disqualified under
physical endurance test. He stated that the cut off mark for each round of
selection for each communal category was never published. Similarly,
among the petitioners in W.P.No. 32180 of 2024, though all the four
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petitioners were initially selected, it was held out in the Revised List that
they were not selected but the reasons were not given. It was contended
that they were not selected only to include undeserving candidates. The
learned counsel pointed out that PSTM could be availed only once and
cannot be availed in a second selection. The learned counsel assailed the
Revised Selection List and claimed that in the Revised list for BC (Male),
the number of vacancies had been reduced from 4 to 3. He argued that the
Revised Provisional List should be struck down by this Court.
43. Mr.C.Munusamy, learned counsel for the petitioner in W.P.No.
28656 of 2024 argued that the writ petitioner M.Govindarasu had applied
for the post of Station Officer under inservice quota of 20% and had
obtained 78.50 marks. He pointed out that the total number of vacancies for
the post of Station Officer was 129 out of which 20% would indicate 26
seats for inservice candidates. Out of the 26 seats, 8 seats should have been
given for OC and four for SC. On the other hand, the respondents had
allotted 7 seats for OC and increased the number of seats for SC
Community. This had directly affected the prospects of the petitioner, who
stood ousted. The learned counsel therefore argued that the Provisional List
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was wrongly prepared and should be interfered with and the petitioner must
be declared as having been selected.
The Arguments -Respondents:
44. Mr.P.Kumaresan, learned Additional Advocate General in his
arguments, first pointed out the order of this Court permitting the
respondents to redo the entire exercise from the stage of the written
examination. This would indicate that the respondents were permitted to
once again conduct the physical endurance test, the viva voce and thereafter,
publish the Revised List. The learned Additional Advocate General stated
that in the earlier occasion, it had been asserted by the writ petitioners
therein that the merit list had not been initially drawn up and that the
reservation had not been properly applied to the selection. The learned
Additional Advocate General stated that the said lacuna had been corrected.
45. With respect to the allegation that 30% women quota, was not
provided for the Tamil Nadu Special Police, the learned Additional
Advocate General stated that it was a policy decision and hastened to add
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that it did not imply that women candidates would not be accommodated
under the Tamil Nadu Special Police but they would have to compete on
equal terms with the male candidates. He pointed out that this challenge
was not made at the time when the notification was issued and had been
raised after the publication of the result.
46. With respect to the grant of reservation of 20% for PSTM, the
learned Additional Advocate General stated that the respondents had taken a
decision that if any of the in-service candidates, namely, those who were
already serving as Grade-I or Grade-II Police Constables had put in less
than five years of service, then they would be eligible to again apply for
recruitment under PSTM category. He pointed out that the notification
stipulated that PSTM reservation would be granted at every stage of the
selection and therefore stated that if a candidate had studied under Tamil
medium he/she should not be ousted.
47. The learned Additional Advocate General argued that the 200
point roster had been followed in letter and spirit. There had been no
deviation from the guidelines stipulated. He also stated that the cut off
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marks had been determined for each category and in the General Turn, the
candidates had been correctly incorporated by determining the last mark of
each candidate in each category. With respect to the arguments advanced
relating to individual candidates and their selection which according to the
petitioners were in violation of established principles, the learned
Additional Advocate General stated that the right to question such selection
would accrue only when appointment orders were actually issued. The
respondents have only published the Provisional Selection List in
accordance with the directions of this Court and it was therefore argued that
the issues relating to individual candidates cannot be raised at this juncture.
48. The learned Additional Advocate General asserted that the list
had been published after due consideration of all factors and purely on merit
and following the 200 point roster without any deviation. He denied
allegations of mala fide or allegations that candidates had been wrongfully
included in the list. He stated that the challenges made in the Writ Petition
were devoid of merits and should be rejected by this Court.
49. Ms.Kavitha Rameswar, learned counsel, who had filed
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W.M.P.No. 1441 of 2025 impleading application on behalf of one of the
candidate Yasmin whose selection had been questioned, stated that during
the second certificate verification, the petitioner had forwarded her
certificates as BC(M)(W)(PSTM). It was contended that the petitioner had
converted to Islam nearly a decade back after following due procedure but
when applying for the post, she had to apply under the name which was
found in her Higher Secondary School Leaving Certificate and therefore,
she had applied under the name Lakshmi. Later when there was a second
certificate verification, she had forwarded the certificates showing proof of
conversion to Islam and also that she had studied through Tamil medium
and that therefore, learned counsel asserted that she was lawfully eligible to
be selected under BC Muslim Women PSTM category. The learned counsel
therefore rejected allegations raised against the petitioner by the writ
petitioners.
The Arguments-in Reply:
50. Reply arguments were advanced by the learned Senior Counsels/
Counsels again asserting that the Revised Provisional List put up by the
respondents will necessarily have to be struck down by this Court. They
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again asserted that the Writ Petitions should be allowed and the petitioners
should be declared as selected.
The Points Crystallised:-
51. While analysing the available records and the arguments
advanced the following points broadly arise for determination:-
(1) Whether the Revised List withstands the dictum laid down in
(2021) 4 SCC 686 [ State of Tamil Nadu and Others Vs. K.Shobana and
Others]?;
(2) Whether inservice candidates were entitled to avail PSTM
reservation once over?;
(3) Whether the directions of the learned Single Judge dated
21.06.2024 in the earlier round of litigation permitting the respondents to
redo the exercise of short listing the candidates granted a right to any of the
candidates to submit fresh certificates to be considered to their advantage?;
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and
(4) Whether the decision of the respondents not to grant 30%
reservation for women in the Tamil Nadu Special Police Subordinate
Service is justiciable?.
The Points Discussed and Determined:
Point No.1:
52. The first point to be taken up for consideration is whether the
Revised Provisional List is in accordance with the law laid down in (2021)
4 SCC 686 [ State of Tamil Nadu and Others Vs. K.Shobana and Others].
53. In that case, the Hon'ble Supreme Court was concerned with a
Notification issued on 12.06.2019 by the Teachers Recruitment Board
inviting applications online from eligible candidates for direct recruitment
to the post of Post Graduate Assistants and Physical Education Directors,
Grade-I in School Education and other Departments for the year 2018-2019.
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54. Two issues had been taken up before the Hon'ble Supreme Court.
The first one was with respect to the principles to be applied for filling up
the back log vacancy. The second was whether meritorious candidates
would take their place in the general merit list or whether reservation would
apply and they would be fitted in the specific reserved category. The
Hon'ble Supreme Court had clearly and categorically given the manner and
the steps which had to be taken to fill up the vacancies. They placed reliance
on an earlier pronouncement of the Hon'ble Supreme Court reported in
2021 4 SCC 542 [Saurav Yadav & Ors. Vs. State of Uttar Pradesh and
Ors]. The steps have been given as follows:-
(i) The general merit list to be first filled;
(ii) the backlog vacancies of the particular reserved category to be
thereafter filled in first; and
(iii) the remaining reserved vacancies for the current year to be filled
thereafter.
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55. In the instant case, specific instances have been raised when
meritorious candidates in the reserved category have not been fitted in the
General Turn but rather fitted in the specific reserved category list and
thereby ousting other candidates from the reserved category. The
respondents by adopting this method have defeated the very purpose and
object of providing reservation, namely, to uplift those in need.
56. The petitioners have cited specific instances in this regard.
57. M.Shafee with registration No.1150081, belonging to Schedule
Caste Muslim had obtained 82.5 marks. It is alleged that he should have
been included in the General Turn. If he had been so included, then the
petitioner in W.P.No. 31876 of 2024, K.Syed Sulthan Ibrahim would have
been selected under BC Muslim male candidate. By not adopting the
principles laid down in Shobana (referred supra), the respondents have
denied selection being granted to one BC Muslim male candidate thereby
denying him the opportunity of serving as Sub Inspector of Police.
58. M.Sathiyamoorthy, who belongs to Schedule Caste community
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with registration No.115117 had secured 83 marks and should have been
included in the General Turn and given way for the filling up of another
Schedule Caste candidate under the specific reserved category.
M.Sathiyamoorthy was however included in the Schedule Caste Reserved
list and therefore, the writ petitioner in W.P.No. 32229 of 2024 stood
ousted. The respondents have thus denied an opportunity to a Schedule
Caste candidate to be selected and thereby have defeated the very basic
principle of reservation, namely, to grant opportunity to deserving Schedule
Caste candidates.
59. The learned counsel for the petitioner in W.P.No. 33853 of 2024
had pointed out that the six candidates selected under the Schedule Caste
Category had obtained, 83, 83, 82.50, 81.50, 81.25 and 81.25 marks
respectively which were higher then the marks obtained by the last six
candidates under the General Turn. It had been forcefully argued that these
six candidates should have been included in the General Turn. The writ
petitioners in W.P.No. 33853 of 2024 K.Tamilzhselvan and Venkatesh, who
both belonged to Schedule Caste community and had obtained 79.25 marks
and 79 marks would then have got selected under that particular specific
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reservation.
60. This allegation had not been denied or disputed by the
respondents. Thus by including six Schedule Caste candidates in the
Schedule Caste Reserved list and not in the General Turn, even though they
had obtained more marks than the last six candidates in the General Turn,
the respondents have denied opportunity to six Schedule Caste candidates to
be selected and discharge duties in as Sub Inspectors of Police. Again the
respondents have violated the spirit behind the principles of reservation.
61. It is also seen that two candidates Divya.A with enrollment No.
8050020 and Pandiammal.A with enrollment No. 8050083, who both
belonged to Most Backward Class community had secured 83 and 82.7
marks which was more than the cut off mark for Open Candidates, which
was 81.75 for male candidates. They should have been included in the
General Turn but were included under the 30% reservation for women and
thereby two other women candidates have been ousted from being
considered for selection.
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62. It would be poor argument if the respondents were to contend
that 30% reservation for women would conversely meant that the entire
remainder 70% is exclusively reserved for male candidates. Meritorious
women candidates should also be fitted in the General Turn and the General
Turn cannot be restrained only to male candidates.
63. Again, another candidate S.Nagarajan, who belongs to that
Backward Class community and had scored 83.75 marks should have been
included in the General Turn since he had obtained more marks than the last
candidate fitted in the General Turn. By including him in the Most
Backward Class community category, the respondents have denied
opportunity to a Most Backward Class Community candidate.
64. The above instances very clearly show that the law laid down in
(2021) 4 SCC 686 [ State of Tamil Nadu and Others Vs. K.Shobana and
Others] had been directly and probably deliberately violated and not
followed. There is malice in ousting deserving candidates to uplift whom
the policy of reservation is in force. The respondents cannot take shelter
behind ignorance of a law laid down by the Hon'ble Supreme Court. The
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Revised Provisional List will have to be interfered with and struck down by
this Court.
Point No.2:
65. This point surrounds examination of an issue whether in service
candidates could avail PSTM reservation after having availed the same
when they were initially selected in the police force as Grade-II Police
Constables.
67. The learned Additional Advocate General pointed out that if
inservice candidate had put in less than five years of experience as Grade-II
or Grade-I Police Constables then such candidate could avail reservation
meant for Persons had Studied in Tamil Medium a second time over when
they applied for a public post.
68. Specific instance had been cited by the petitioners of inservice
candidates, who had availed PSTM reservation when they were initially
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selected as Police Constables, availing the same once again.
69. To state just one instance, P.Kavi Priya with Enrollment No.
6800158 was already working as Police Constable was selected again under
the PSTM category.
70. In this connection, reference was made to the Tamil Nadu
(Appointment on Preferential Basis in the Services under the State of
Persons Studied in Tamil Medium) Ordinance, 2010 (Tamil Nadu Act
40/2010) and G.O.Ms.No. 145 Personnel and Administrative Reforms
Department dated 30.09.2010. Even prior to the introduction of the
legislation, the Government had passed Tamil Nadu Ordinance No.3/2010
by G.O.Ms.No. 145 Personnel and Administrative Reforms (S) Department
dated 30.09.2010 wherein the term 'direct recruitment' had been defined as
follows:-
“(a) “direct recruitment” means first appointment of a person to any service under the
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State in accordance with the rules or regulations or orders in force;”
71. It is thus evidently clear that it would apply only to the first
appointment to any service. This would exclude an application made
second time around. Candidates who had earlier availed of the benefit of
being selected as Constables under the PSTM category can never and
should never have been granted that particular reservation when they had
again applied as inservice candidates for the post of Sub Inspector of Police.
By including them, a candidate who had also studied in Tamil Medium had
been denied opportunity when that candidate had applied for the first time
for the post of Sub Inspector of Police. Thus, the Revised Provisional
Selection List again has to be set aside on the ground that inservice
candidates, who had already obtained reservation under PSTM category
were permitted to again avail the same.
Point No.3:
72. The third point has brought up certain interesting facts to light. It
is with reference to two candidates, who were not selected in the first
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provisional list, but who had been subsequently included in the second
provisional list.
73. The writ petitioner in W.P.No. 34453 of 2024 Jasmine Nisha.A,
daughter of Abdul Rahim had contended that she had been selected in the
First Provisional List in Serial No.205. Later when the Second Provisional
List was published, she was shown as not selected. Very specifically, she
stated that Ms.Vinothini with enrollment No. 7450003 had obtained 66
marks. It had been alleged that her name was then given as Vinothini.T @
Anish Fathima, which was not reflected in the first list. Her community had
been changed and when the second list was published, she was categorised
as BC Muslim. Consequently, M.Dariya with enrollment No.5104679, who
had applied under both departmental and open quota and who was earlier
selected under the departmental quota was shifted to the open quota and the
writ petitioner, Jasmine Nisha.A was ousted. It is very specifically alleged
in the Writ Petition that the respondents had played a game of checkers in
order to oust the petitioner. They first changed the community of Vinothini
and categorised her as Vinothini.T @ Anish Fathima and brought her within
the zone of selection and shifted Dariya from departmental quota to the
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open quota and ousted the petitioner, who had earlier been selected under
the open quota. The petitioner had got more marks than Vinothini.T @
Anish Fathima. It had been very specifically alleged that this shuffling was
done to specifically include Vinothini.T @ Anish Fathima and to exclude
the petitioner from the selection list. It had been further contended that
even if it is the case of the respondents that Vinothini.T @ Anish Fathima
had converted her religion from Hindu to Islam, she could not have taken
the place of a BC Muslim women candidate after the first provisional list
had been published and therefore she should have been treated as open
candidate.
74. The second candidate whose selection had been questioned in
W.P.No. 32215 of 2024 filed by B.Shahira Banu is that of R.Yashmin. The
selected candidate R.Yashmin has filed W.M.P.No. 10937 of 2025 to
implead herself and to be granted an opportunity of being heard. In her
affidavit, she stated that she is already working as Grade-I Police Constable
and had studied in Tamil medium right through her school and in her
graduation. She further stated that even prior to her marriage, she had
converted to Islam and had changed her name from R.Lakshmi to
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R.Yashmin. This change of name had also been registered in the Tamilnadu
Government Gazette in the year 2012. She had been appointed as Grade-II
Police Constable on 01.02.2011 under the name R.Lakshmi. Thereafter, the
recruitment notification had been issued on 05.05.2023 inviting applications
for the post of Sub Inspector of Police. She had submitted her application.
She had applied under MBC/DNC-PSTM category. She had given the name
as given in her school certificate, namely, R.Lakshmi when submitting the
application. Thereafter pursuant to the interim order, she was called for
physical test on 07.08.2024. She submitted her representation before the
third respondent and produced certificates including the community
certificate issued by the Zonal Deputy Tahsildar, Sivagiri in Tenkasi, who
had issued a certificate on 06.05.2024. Consequently, she was then selected
under the name R.Yashmin as Backward Class Muslim Woman PSTM
category. She contended that the respondents had correctly received the
certificates and no preference was shown to her.
75. The learned counsel for the writ petitioner in W.P.No. 32215 of
2024 however contended that the writ petitioner/ B.Shahira Banu had been
initially selected under the Backward Class Muslim Woman PSTM category
and later stood ousted on the basis of the certificates produced by
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R.Lakshmi midway through the selection process. The said candidate had
been selected under the category Backward Class Muslim Woman PSTM
category with the name R.Yashmin.
76. It is clear that acceptance of the certificates midway through the
selection process had directly affected the selection of the writ petitioner in
W.P.No. 32215 of 2024 and had not provided a level playing field for the
candidates. The selection of R.Yashmin certainly calls for interference as at
the time when she applied on the basis of the notification, she had not
applied under the Backward Class Muslim Woman category and therefore,
she could never have been considered under that particular category in this
recruitment process. She could avail that particular reservation in a
subsequent recruitment process if she fills the application form as
R.Yashmin and claims reservation under Backward Class Woman PSTM
category.
77. It is thus evident that the Revised Provisional Selection List
issued on 03.10.2024 has to be set aside owing to the unlawful inclusion of
the aforementioned two candidates under the Backward Class Muslim
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Woman Category when they had never applied under the said category in
the initial stage.
Point No.4:
78. The fourth point under consideration is the issue raised about the
decision of the respondents not to grant 30% reservation among the selected
candidates allotted to Tamilnadu Special Police. In the notification, it had
been very clearly stated that there are 110 vacancies in the Tamilnadu
Special Police Subordinate Services but special reservation of 30% had not
been granted to women candidates. With respect to reservation for women,
it had been stated that out of the total vacancies for Taluk and Armed
Reserve, 30% will be allotted for women candidates. If eligible women
candidates were not eligible for selection, their vacancy will be filled up by
the men candidates of the same category. There was no specific reservation
for women candidates under the Tamilnadu Special Police Subordinate
Service.
79. It had been very strongly argued by Ms. Dakshayani Reddy,
learned Senior Counsel that this has caused serious prejudice to women
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candidates who should have been considered for selection in the Tamil
Nadu Special Police Category. It had been further argued that 30%
reservation had also not been provided for Departmental candidates out of
the notified 123 vacancies and there was 100% restriction of women in the
selection of Tamilnadu Special Police.
80. It is seen that Section 26(2) of the Tamilnadu Government
Servants (Conditions of Service) Act, 2016 provides for a minimum of 30%
of all vacancies which to be filled through direct recruitment, shall be set
apart for women candidates. Further Rule 3(a)(i) read with Annexure-I of
the Special Rules for Tamilnadu Police Subordinate Services provides 30%
reservation for women to the post of Sub Inspector of Police under the 20%
departmental candidates.
81. The respondents have placed reliance of G.O.Ms. No. 690 Home
(Police-3/Department) dated 28.10.2011 and stated that Tamilnadu Special
Police (TSP) is exempted from reservation for women. The writ petitioner
in W.P.No. 31325 of 2024 had raised this issue stating that though she was
selected in the initial Selection List, she stood ousted in the Revised
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Selection List. It had been contended that the respondents have violated the
fundamental right of equality before law, equal protection of law and equal
opportunity in public employment.
82. The relief sought in W.P.No. 31325 of 2024 was to call for the
records relating to the Provisional Selection List published in the year 2020
and quash the same and direct implementation of 30% reservation for
women in the selection process. The petitioner had applied for the post and
was shown selected when the first Provisional List was published. She was
quite comfortable with the fact that she had been selected in spite of specific
reservation not being provided under the Tamilnadu Special Police
Category. However, when the Revised List was published, she found that
she stood ousted and then this particular ground had been taken. This
ground could be addressed by the Court had the petitioner taken it up as an
issue in the earlier round of litigation. At the time when the learned Single
Judge had directed that the respondents should re-do the selection process,
the issue was not urged. Now, having gone through the Selection Process, it
would be upsetting the cart if the recruitment notification itself were to be
set aside. Therefore, without entering into any further discussion, I hold that
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since this challenge had been taken after the selection process had been
concluded and not at the initial stage when the selection process opened up,
I would not upset the notification on this ground.
Conclusion:
83. The discussion above leads to the following conclusions:
(1) the Revised Provisional Selection List published on 03.10.2024 is
set aside;
(2) The respondents will have to rework the entire selection process
following the Judgment of the Hon'ble Supreme Court in (2021) 4 SCC 686
[ State of Tamil Nadu and Others Vs. K.Shobana and Others] and strictly
follow the three steps laid therein, namely,
(i) Step 1: To first fill the 31% merit list on the basis of total marks
obtained irrespective of caste, community or religion;
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(ii) Step 2: Fill the back log vacancies with the merit list for the
particular community first;
(iii) Step 3: apply the reservation for other communities
(3) Care must be taken that meritorious reserved candidates are fitted
in the General Turn and thereby provide opportunity for the reserved
candidates in the reserved list.
(4) Certificates introduced midway through the selection process or
after the earlier order passed by this Court should be rejected and the
candidate should be categorised in accordance with the details given by
them in the application form and no other fresh certificate should be taken
into consideration.
(5) Care should also be taken that PSTM reservation is applied only
once while applying for a public post and not for a second time. If any of
the departmental candidates had already been selected under the PSTM
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reservation, they cannot be considered under PSTM reservation under this
notification.
84. This Court appoints Hon'ble Mr. Justice N. Paul Vasanthakumar,
Former Chief Justice of Jammu and Kashmir High Court to Monitor the
selection and to supervise the fitment of candidates on the basis of the
materials already available in the written examination and the marks in the
physical endureance test and the marks in the viva voce.
85. The respondents are directed to nominate a Nodal Officer in the
cadre of Superintendent of Police, to assist the Hon'ble Judge appointed by
this Court. The respondents are further directed to provide access to all
records relating to the recruitment process to the Hon'ble Judge now
appointed by this Court and also provide necessary and adequate secretarial
staff as required and an office base to complete the process of fitment of the
candidates from the stage after physical measurement test, endurance test,
physical efficiency test and viva-voce had been done consequent to the
order dated 21.06.2024 in W.P.No. 11855 of 2024 batch.
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86. The Hon'ble Judge is at liberty to include any other staff/official
to assist him in the discharge of this onerous task.
87. The Revised Selection List shall be presented before the Director
General of Police/ Chairman, Tamil Nadu Uniformed Services Recruitment
Board, Chennai, who shall publish the same.
88. The respondents are directed to pay an initial remuneration of
Rs.5,00,000/- (Rupees Five Lakhs only) to Hon'ble Mr.Justice N.Paul
Vasanthakumar and also pay any further remuneration as determined by the
Hon'ble Judge. The respondents are also directed to bear the transport and
other incidental expenses of the Hon'ble Judge and of all the members of his
team.
89. The entire exercise by the Hon'ble Judge shall be completed
within a period of three months from the date of receipt of a copy of this
order.
90. In view of the aforementioned orders, the petitions seeking to
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implead are allowed. Registry is directed to carry out necessary amendment
in the cause title before issuing the order copy.
91. The Writ Petitions stand allowed. The Revised Provisional
Selection List dated 08.10.2024 and the consequential proceedings are set
aside. Consequently, connected Miscellaneous Petitions stand closed. No
order as to costs.
22.04.2025
vsg (1/8)
Index: Yes/No
Internet: Yes/No
Speaking / Non Speaking Order
To
1. The Director General of Police/Chairman
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Complex
Pantheon Road
Egmore, Chennai – 600 008.
2. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Complex
Pantheon Road
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Egmore, Chennai – 600 008.
3. The Secretary to Government
Home (Pol.II) Department
Secretariat, Fort St. George
Chennai -9.
4. The Director General of Police
and Head of Police Force
Dr.Radhakrishnan Salai,
Maylapore, Chennai -4.
5. The Director General of Police/Chairman
Tamil Nadu Uniformed Services Board
Egmore, Chennai – 600 008.
6. The Superintendent of Police
Tamil Nadu Uniformed Services Recruitment Board
Egmore, Chennai – 600 008.
7. Additional Chief Secretary
The State of Tamil Nadu
Home (Police) Department
Fort St. George, Chennai – 600 009.
8. Secretary to the Government
The Government of Tamil Nadu
Ministry of Home Department
Saint George Fort, Chennai.
9. The Secretary to Government
The State of Tamil Nadu
Home (Police) Department
Secretariat
Fort St. George
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Chennai – 600 009.
10. The Chairman
Tamil Nadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Campus,
Pantheon Road
Egmore, Chennai – 600 008. .
11. The Director General of Police
Mylapore,
Chennai – 600 004.
12. The Secretary to Government
Human Resources Department
Fort St. George, Chennai – 9.
13. The Secretary
Government of Tamil Nadu
Home Department
Secretariat,
Chennai – 600 009.
14. The Inspector General of Police/Member Secretary Tamil Nadu Uniformed Services Recruitment Board Represented by Old Commissioner of Police Office Campus, Pantheon Road Egmore, Chennai – 600 008.
15. The Director General of Police/Chairman Tamil Nadu Uniformed Services Recruitment Board Old Commissioner of Police Office Complex Pantheon Road Egmore, Chennai – 600 008.
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C.V.KARTHIKEYAN, J.,
vsg
Pre-Delivery Order made in
W.P.Nos. 32347, 28656, 32229, 31876. 33853, 33238, 31325, 32143, 32200, 32215, 34453, 35593, 31809, 32201, 32417, 32180 & 32176 of
And
And W.M.P.Nos. 35129, 35131, 31258, 35008, 36670, 36026, 33979, 33981, 34910, 34967, 34968, 34990, 34991, 37336, 38464, 38465, 34575, 34971, 34972, 35201, 34940 & 34933 of 2024 And
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22.04.2025
(1/8)
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