Madras High Court
K.Radhakrishnan vs The Member Secretary on 27 March, 2025
W.P(MD)No.15072 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.15072 of 2019
and
W.M.P(MD)No.11595 of 2019
K.Radhakrishnan ... Petitioner
Vs.
The Member Secretary
Tamilnadu Forest Uniformed Services
Recruitment Committee (TNFUSRC),
No.1, Jeenis Road,
Panagal Maaligai, 8D Floor, Saidapet,
Chennai - 600 015. ...Respondent
PRAYER :-
Writ Petition filed under Article 226 of the Constitution of India, praying
this Court to issue a Writ of Certified Mandamus to call for the records of the
impugned order of the respondent in Ref.No.TNFUSRC/15110/2019 dated
06.05.2019 and quash the same as illegal and consequently directing the
respondent to call the petitioner for physical standards verification and all
further selection process as per the Notification No.2 - Forest Guard and Forest
Guard with Driving Licence dated 06.10.2018 and appoint him as Forest Guard
with Driving Licence.
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W.P(MD)No.15072 of 2019
For Petitioner : Mr.M.Kannan
Advocate.
For Respondent : Mr. K.R.Badurus Raman
Government Advocate
ORDER
This writ petition has been filed seeking Writ of Certified Mandamus to
call for the records of the impugned order of the respondent in
Ref.No.TNFUSRC/15110/2019 dated 06.05.2019 and quash the same as illegal
and consequently directing the respondent to call the petitioner for physical
standards verification and all further selection process as per the Notification
No.2 - Forest Guard and Forest Guard with Driving Licence dated 06.10.2018
and appoint him as Forest Guard with Driving Licence.
2. The case of the writ petitioner is that the respondent issued a
recruitment Notification No.2 - Forest Guard and Forest Guard with Driving
Licence dated 06.10.2018. He applied for the said post and participated in the
written examination on 11.12.2018. He secured 98 marks out of total 150
marks. He was eligible to participate for further selection for the post of Forest
Guard with driving license. The respondent published the list of candidates
who were called for certificate verification and physical standards verification
to be held on 30.01.2019. He had produced all the certificates as given in the
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notification. The respondent simply refused to permit him to participate in the
physical standards verification as such he has not produced first aid certificate.
In fact, he had produced the first aid certificate issued by the Recognized
Organization namely St.John Ambulance (India) dated 28.04.2018. He had sent
a representation dated 13.02.2019 and the same was not considered by the
respondent. He constrained to file a writ petition in W.P.(MD)No.3722 of 2019
before this Court and vide order dated 26.02.2019, directed the respondent to
consider his representation. In compliance to the direction issued by this Court,
the present order impugned came to be passed. Hence this writ petition.
3. Learned counsel appearing for the petitioner would submit that as per
para No.8(B)(v) of the notification dated 06.10.2018, stipulates only that the
applicant should possess First Aid Certificate issued by the Recognized
Organization in Tamil Nadu. Admittedly, the writ petitioner possessed a
provisional certificate for completion of first aid course dated 28.04.2018 even
before the submission of application. There is no condition as per the
notification that the First Aid certificate should be obtained after notification or
that he should have been for a specified period or it should have been refused.
Therefore, the impugned order of the respondent as if the writ petitioner has
produced provisional certificate only on 22.04.2019, belatedly, after publishing
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the result is erroneous and not sustainable. To strengthen his contentions, he
has relied upon the judgment of the Hon'ble Division Bench of this Court in
W.A.(MD)No.1058 of 2022 dated 26.09.2023 to show that the organization
namely St.John Ambulance is a recognized organization in Tamil Nadu and the
course conducted by the said organisation. He would submit that the certificate
submitted by the writ petitioner is a valid certificate and cannot be rejected in
toto.
4. The Additional Government Pleader appearing for the respondent
would submit that the entire selection process of the notification issued by the
respondent came to be completed in the year 27.02.2019 itself and thereafter
appointment orders were also issued with effect from 04.03.2019 onwards.
Nothing survives for adjudication in this writ petition and prayer sought for in
this writ petition became infructuous.
5. It is seen from the records that the writ petitioner has been participated
in the recruitment process as per notification in notification No.2 dated
06.10.2018. As pointed out by the learned Additional Government Pleader, the
entire selection process have been completed. It is not necessary to go into the
merits of the matter, since nothing survives for further adjudication.
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6. In view of the above, this writ petition is closed as infructuous.
Consequently, connected miscellaneous petition stands closed. No costs.
27.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
pnn
To
The Member Secretary
Tamilnadu Forest Uniformed Services
Recruitment Committee (TNFUSRC),
No.1, Jeenis Road,
Panagal Maaligai, 8D Floor, Saidapet,
Chennai - 600 015.
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M.JOTHIRAMAN, J.
pnn
ORDER
IN
and
27.03.2025
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