Madras High Court
V.Prakash vs The Director General Of Fire on 1 July, 2025
W.P.(MD)No.8861 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.8861 of 2025
and
WMP (MD) No.6639 of 2025
V.Prakash : Petitioner
Vs.
1. The Director General of Fire,
and Rescue Services, Fire and Rescue Services Department,
No.17 Rukumani Lakshmipathi Road,
Egmore, Chennai - 600008.
2. Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Secretary,
Egmore, Chennai - 600008.
3. The Superintendent of Police,
Karur District. : Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus to call for the
records pertaining to the impugned order in Na.Ka.No.5354/Aa1/2023
dated 19.02.2025 on the file of the respondent No.1 and quash the same
as illegal and consequently for a direction directing the respondent No.1
to select and appoint the petitioner in the post of fire man within the time
period stipulated by this Honourable Court.
1/6
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W.P.(MD)No.8861 of 2025
For Petitioners : Mr.T.Aswin Raja Simman
For Respondents : Mr.Veerakathiravan
Additional Advocate General
for R1 & R3
assisted by Mr.S.R.A.Ramachandran
Addl. Government Pleader for R2
ORDER
The present writ petition has been filed by the petitioner
challenging the order of rejection of appointment dated 19.02.2025
issued by the first respondent.
2. By consent of both parties, the Writ Petition is taken up
for final disposal at the admission stage itself.
3.The petitioner asserts that he participated in the Common
Recruitment for the post of Grade II Police Constable/Fireman for the
year 2023, conducted by the second respondent, and secured 88 marks,
resulting in his selection for the post of Fireman. The petitioner’s
grievance is that, despite a criminal case registered against him being
closed as a ‘Mistake of Fact,’ the impugned order was issued by the first
respondent.
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4. Strong reliance has been placed by the petitioner on the
judgment of the Hon’ble Division Bench of this Court in W.A.(MD) No.
938 of 2020 and batch cases, dated 05.06.2023. More particularly,
paragraph 19(a) of the judgment states as follows:
“19.(a). In case of honourable acquittal,
discharge, case closed as mistake of fact, quashing
of F.I.R/Charge Sheet before the date of police
verification, the same should be considered in
favour of the candidate in the current selection
itself.”
5. Per contra, the learned Additional Government Pleader
appearing on behalf of the respondents submitted that the petitioner’s
reliance on the judgment of the Hon’ble Division Bench in W.A.(MD)
No.938 of 2020 and batch cases, dated 05.06.2023, is misplaced and not
applicable to the facts of the present case.
6. Heard the learned counsel for the parties and perused the
materials available on record.
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7. Considering the facts and circumstances of the case, this
Court directs the first respondent to reconsider the case of the petitioner
in the light of the judgment of the Hon'ble Division Bench of this court if
the petitioner’s case falls within the purview and applicability of the
principles enunciated therein. The first respondent shall examine the
matter on its own merits and pass appropriate orders in accordance with
law, after affording due opportunity of hearing to the petitioner, as well
as to any other person who may be interested in the subject matter. Such
exercise shall be completed within a period of eight weeks from the date
of receipt of a copy of this order.
8. With the above direction, the Writ Petition stands
disposed of. There shall be no order as to costs. Consequently, the
connected miscellaneous petition is closed.
01.07.2025
Index : Yes / No
Internet : Yes / No
PKN
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To
1. The Director General of Fire,
and Rescue Services, Fire and Rescue Services Department,
No.17 Rukumani Lakshmipathi Road,
Egmore,
Chennai - 600008.
2. Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Secretary,
Egmore,
Chennai - 600008.
3. The Superintendent of Police,
Karur District.
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VIVEK KUMAR SINGH, J.
PKN
01.07.2025
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