Madras High Court
The Director General Of ... vs M.Rajesh on 25 March, 2025
Bench: J.Nisha Banu, S.Srimathy
WA(MD). No.996 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 25/03/2025
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs. JUSTICE S.SRIMATHY
WA(MD). No.996 of 2023
The Director General of Police/Director of Fire and Rescue Services
Office of the Director of Fire & Resue Services,
No.17, Rukmani Lakshmipathy Road,
Egmore, Chennai – 600 008. : Appellant/Respondent
Vs.
M.Rajesh : Respondent / Writ Petitioner
PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent against
the order dated 17.10.2022 passed in W.P(MD)No.23858 of 2022.
For Appellant : Mr.Veera Kathiravan
Additional Advocate General assisted by
Mr.M.Sarangan
Addl. Government Pleader
For Respondent : Mr.G.Thalaimutharasu
1/8
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WA(MD). No.996 of 2023
JUDGMENT
(Judgment of the Court was delivered by J.NISHA BANU,J.)
The writ appeal is directed against the order of the writ Court dated
27.01.2025 passed in WP(MD) No.20933 of 2021.
2.The State is on appeal aggrieved by the order made in WP(MD)
No.23858/2022, wherein, the Writ Court, after quashing the orders of the
Director of Fire and Rescue Services disqualifying the petitioner in terms
of Sub Rule 3 in Rule 5B of the Tamil Nadu Fire Subordinate Services,
issued a positive direction directing issuance of appointment orders to
the petitioner. The process for recruitment of Constables Grade –
II/Fireman/Jail Warden in the Tamil Nadu Uniformed Services began on
17.09.2020. Rule 5 B as it stood on the date of the issuance of the
notification, is as follows:-
“5 B. Verification of character and
antecedents.._ (1) The list of candidates who are declared
fit during the medical examination shall be sent by the
Tamil Nadu Unformed Services Recruitment Board along
with their temporary and permanent addresses to the
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Director General of Police, Tamil Nadu for verification of
their character and antecedents. A police verification
report in respect of each such candidate shall be sent to
the Tamil Nadu Uniformed Services Recruitment Board,
indicating therein the follows:~
(i) whether he has more than one wife
living.
(ii) whether his character and
antecedents are such as to qualify him for the
service; and
(iii) the details of criminal cases, if any,
in which he is involved.
(2) A candidate who has more than one wife living
or who has convicted in any criminal case or in respect of
whom a charge sheet is pending in a Court of law or
against whom a criminal case is pending investigation
shall be liable for disqualification.”
2.1. As the recruitment process was on a change in Sub Rule 3
introduced by way of an amendment on 14.09.2021, the said Sub Rule 3
Reads as follows:-
(3) No person shall be eligible for appointment to
the Service by direct recruitment unless he satisfies the
appointing authority that he was not involved in any
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criminal case before police verification.
Explanation (1): A person who is acquitted or
discharged on the benefit of doubt or due to the fact that
the complainant turned hostile shall be treated as a person
involved in a criminal case.
Explanation (2): A person involved in a criminal
case at the time of police verification and the case is yet to
be disposed of and subsequently ended in honourable
acquittal or treated as mistake of fact shall be treated as
not involved in a criminal case and he can claim right for
appointment only by participating in the next recruitment.”
3. After the recruitment process was over, the Director of Tamil
Nadu Fire and Rescue Services passed identical orders disqualifying the
petitioner on the ground that he stood disqualified in terms of Sub-Rule 3
of Rule 5 B of the Tamil Nadu Fire Subordinate Service Rules. The writ
petitioner in the writ petition challenged the said order.
4.The main basis of challenge was that Sub Rule 3, which was
introduced after the selection had began, could not have been applied to
the writ petitioner and such application would amount to changing rules
of the games after the game had begun. The Writ Court accepted the said
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contention and while setting aside the order impugned in the writ
petitions, a positive direction was issued by the Writ Court directing
issuance of appointment orders to all the petitioners.
5.We have heard Mr.Veerakathiravan, learned Additional
Advocate General appearing for the appellants and
Mr.G.Thalaimutharasu, learned counsel appearing for the respondent.
6.While Mr.Veera kathiravan, learned Additional Advocate
General, would justify the orders passed by the authorities, contending
that the Writ Court ought not to have issued a positive direction for
issuing appointment orders, by pointing out that even if the Sub Rule 3 is
not taken into account still the appointing authority had power to verify
antecedents under Rule 5 B(1) as well as (2). Therefore, the Writ Court
ought to have given an opportunity to the employer to consider the
character of the persons, who are to be appointed to the Uniformed
Services.
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7.The learned counsel appearing for the respondent would submit
that the order impugned in the writ petition having been passed only
based on Sub Rule 3, cannot be sustained. We are in agreement with the
contention of the learned counsel for the respondent that the order
impugned in the writ petition having been passed only based on Sub-
Rule 3 cannot be sustained, since the Sub Rule 3 was introduced after the
commencement of the selection process. However, we cannot, at the
same time, preclude the employer from looking into antecedents of the
persons, who are to be employed in the Uniformed Services in terms of
Rule 5 B (1) and (2). Therefore, while affirming the order in the writ
petition, we set aside the positive direction issued by the Writ Court to
issue appointment order to the petitioner. The Appointing Authority,
namely, the Director of Fire and Rescue Services will consider the
suitability of the petitioners in terms of Rule 5 B (1) (2) and take
appropriate decision. Needless to state that the authority will examine
the issue with an open mind and without being influenced by any of the
observations made either by the Writ Court or by us in this Judgment.
The authority shall pass orders within a period of 12 weeks from the date
of receipt of a copy of this judgment.
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8.The Writ Appeal stands disposed of with the above directions.
No costs. Consequently, connected miscellaneous petitions are closed.
[J.N.B.,J] [S.S.Y.,J]
25.03.2025
NCC : Yes/No
Index : Yes/No
RR
To
The Director General of Police/Director of Fire and Rescue Services
Office of the Director of Fire & Resue Services,
No.17, Rukmani Lakshmipathy Road,
Egmore, Chennai – 600 008.
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J.NISHA BANU, J
AND
S.SRIMATHY, J.
RR
ORDER
IN
Date : 25/03/2025
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