Citation : 2025 Latest Caselaw 7255 Mad
Judgement Date : 19 September, 2025
W.P.(MD) No.14770 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 08.08.2025
Pronounced On : 19.09.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.14770 of 2018
S.Ramesh,
S/o.Sundaraj,
No.5/ 138, North Street,
Kurunjakula'm,
Melamaruthappapuram Post,
V.K.Pudhur,
Tirunelveli District. ... Petitioner
Vs.
1.The Director General of Police,
O/o. the Director General of Police,
Chennai – 4.
2. Tamil Nadu Uniformed Services,
Recruitment Board,
Rep by its Vice Chairman,
Having Office at
Old Commissioner of Police Office Campus,
Pantheon, Egmore,
Chennai - 600 008.
3. The Superintendent of Police,
O/o. the Superintendent of Police,
Tirunelveli District. ... Respondents
PRAYER.:
To issue a Writ of Certiorarified Mandamus to call for the records
pertaining to the Impugned Order in Na.Ka.No.A4/44294/2017 dated
1/6
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W.P.(MD) No.14770 of 2018
23.04.2018 on the file of the Respondent No.3 and quash the same as
illegal and consequently for a direction, directing the Respondents to
appoint the Petitioner in the post of Youth Brigade/Police Constable
within the Time period stipulated by this Hon’ble Court and pass such
further or other order as this Hon’ble Court may deem fit and proper in
the circumstances of the case and thus render Justice.
APPEARANCE OF PARTIES:
For Petitioner : M/s.B.Rohini, Advocate,
for M/s.T.Lajapathi Roy Associates
For Respondents : Mr. Veera Kathiravan,
Additional Advocate General – II,
Assisted by Mr.J.Ashok,
Additional Government Pleader
JUDGMENT
Heard.
2. The petitioner, an aspirant for the post of Special Police Youth
Brigade (Men), participated in the selection process. However, by the
impugned order dated 23.04.2018, he was informed that no appointment
order could be issued in his favour. In paragraph 4 of the said order, it
was stated as follows: –
“4/ vdnt nkw;go khz;g[kpF cr;r ePjpkd;w Mizfis fUj;jpy; bfhz;Lk;. Ghu;itapy; Fwpg;gpl;l
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Mizfspd;goa[k; nkw;go tpz;zg;gjhuu; jpU/unkc&; (3500755) vd;gtu; Cj;Jkiy fhty; epiya Fw;w vz;/103-2013 gpupt[ 147. 294(b). 342. 506(ii). IPC d;go tHf;F gjpt[ bra;ag;gl;L mjpy; mtu; 5tJ Fw;wthspahf nru;f;fg;gl;L re;njfj;jpd; gydhy; tpLjiy bra;ag;gl;l fhuzj;jhYk;. MtuJ ed;dlj;ij mwpf;ifapd; mog;gilapYk; kD kW guprPyid bra;ag;gl;L ,Wjpapy; nkw;go tpz;zg;gj;jhuUf;F fhty;Jiwapy; gzpepakdk; tH';f ,ayhJ vd;gij ,jd; K:yk; bjuptpf;fg;gLfpwJ/”
3. When the matter was taken up on 10.07.2018, notice was issued
to the respondents, and the 3rd respondent filed a counter affidavit in
2025. In paragraph 8 of the said counter affidavit, it was stated as
follows: –
“8. …the petitioner applied and attended the selection of Tamilnadu Special Police youth Brigade (Men) for the year 2013-2014. The persons, who would be selected for the member of police youth Brigade, subsequently converted as regular police constable. The said recruitment was conducted only during the year 2013-2014 as one time measure based on specific announcement of Government. After that such type of recruitment had not been conducted by the police department and the system has been abolished. After that, regular police recruitment has been conducted by the TNUSRB. The petitioner who was not eligible for the post of youth police force during the year 2013-2014 owing to his involvement in criminal case could not be claimed after going on long years, solely on the grounds of acquittal of the case. It is also submitted that, now such a post in the
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name of youth police force had not been available in the police force and after lapse of 11 years, he could not be appointed as youth police force which post not in exist.”
4. Reliance was placed on the judgment of a Division Bench, of
which I was a member, rendered in W.A. (MD) No. 439 of 2020 dated
25.06.2025. In paragraphs 6 and 7 thereof, it was held as follows: –
“6. May that as it be, the fact remains that two criminal cases are registered against the respondent. The appellants have produced the application form as well as the verification form signed by the respondent. Though the criminal case was registered subsequently after signing the application form, the respondent has suppressed the fact regarding the pendency of the criminal case in the verification form, wherein, a question was asked whether any criminal case has been registered against him or not.
7. Suppression of fact is a ground for rejection of candidature. The selection is to the post of Grade II Police Constable in Uniformed Services. Even if a candidate has not suppressed the fact regarding the registration of criminal case, still the Selection Committee is empowered to assess the antecedents of a person for selection to the post of Uniformed Services. It is a disciplined force and character and antecedents are of paramount importance. The Hon'ble Apex Court time and again reiterated that selection to Uniformed Services are to be made by the Committee and the decision of the Committee becomes final since it involves verification of antecedents of a person.”
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5. The petitioner cannot claim appointment to a non-existent post.
Accordingly, the writ petition is dismissed. No order as to costs.
19.09.2025
Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation : Yes / No LS/ay
Copy to:
1.The Director General of Police, O/o. the Director General of Police, Chennai – 4.
2. Tamil Nadu Uniformed Services, Recruitment Board, Rep by its Vice Chairman, Having Office at Old Commissioner of Police Office Campus, Pantheon, Egmore, Chennai - 600 008.
3. The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli District.
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DR. A.D. MARIA CLETE, J.
LS
Pre-delivery Judgment made in
19.09.2025
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