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2005 Supreme(SC) 364

ARIJIT PASAYAT, S.H.KAPADIA
Secretary To The Govt. – Appellant
Versus
M. Senthil Kumar – Respondent


Judgment

Arijit Pasayat, J.—Leave granted.

2. The Government of Tamil Nadu questions legality of the judgment rendered by the Madras High Court holding that the policy of the State Government in providing 10% special quota to the children/wards of serving/retired/deceased personnel of police and like forces is invalid.

3. A brief reference to the factual issue would suffice.

4. The Tamil Nadu Service Recruitment Board (in short ‘Recruitment Board’) published a Notification in several local dailies on 5.3.2000 calling for applications filling up 1155 posts of Police Constables, Grade II. In the Notification the Board had stated that 10% of the posts were reserved for legal heirs of serving personnel, for ministerial staff and also for legal heirs of those persons who had been invalidated on medical grounds. The respondent (hereinafter referred to as the ‘applicant’) filed an Original Application before the Central Administrative Tribunal (in short the ‘Tribunal’). The respondent-applicant was not found successful as he had not faired well in the written test as well as the physical test. He was, therefore, not held to be qualified for selection.

5. The Tribunal held that since the applic

















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