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2011 Supreme(Mad) 981

High Court of Judicature at Madras
M.M. SUNDRESH
S.R.G. Thayal & Others
Versus
The Secretary to Government Home (Police V) Department, Chennai & Others
W.P. No.26866 of 2009,10062 & 14718 of 2010 & Connected Miscellaneous Petitions
Decided on : 25-02-2011

Appearing Advocates:
For the Petitioners: Venkatramani, Senior Counsel.
For the Respondents:R1 & R2 - P.S. Raman, Advocate General for Mrs.D. Geetha, Additional Government Pleader & Vijayan, Government Advocate, R3 - Su.Srinivasan, Advocate.

Headnote:

Zonal Wise Selection - Tamil Nadu Police Subordinate Service - Rule 25(a) of Special Rules for Tamil Nadu Police Subordinate Service - The court discussed the zonal wise selection of Sub-Inspectors of Police and the application of Rule 25(a) of Special Rules for Tamil Nadu Police Subordinate Service. The court held that the zonal wise selection was invalid and impermissible under the Special Rules. However, the court declined to set aside the selection due to the passage of time and directed the affected candidates to be accommodated. The court also dismissed subsequent petitions on the ground of delay and laches. The court emphasized the importance of seniority based on the date of joining and the distinct evaluations for different batches.

Fact of the Case:

The case involved the zonal wise selection of Sub-Inspectors of Police in Tamil Nadu. The petitioners sought a Writ of Mandamus to fix their seniority on par with the direct recruits who joined the service in the first batch, based on the marks obtained in the Police Training College.

Finding of the Court:

The court found that the zonal wise selection was invalid and impermissible under the Special Rules. However, the court declined to set aside the selection due to the passage of time and directed the affected candidates to be accommodated. The court also dismissed subsequent petitions on the ground of delay and laches.

Issues: The main issues were the validity of the zonal wise selection, the fixation of seniority, and the delay and laches in approaching the court.

Ratio Decidendi: The court emphasized the importance of seniority based on the date of joining and the distinct evaluations for different batches. The court also applied the doctrine of estoppel and the maxim 'qui approbat non reprobat' to dismiss the petitions.

Final Decision: The court dismissed the Writ Petitions on the grounds of delay, laches, and estoppel, and declined to set aside the zonal wise selection of Sub-Inspectors of Police.

Judgment :-

1. In view of the common issue involved, all the Writ Petitions have been taken up together and a common order is passed.

2. Facts in brief:

2.1. A Government Order was passed by the first respondent in G.O.Ms.No.1317, Home (Police.9) Department, dated 08.09.1997 deciding to fill up 1000 vacancies for the post of Sub-Inspector of Police, as existed in different ranges to the State of Tamil Nadu. The Tamil Nadu Uniformed Services Recruitment Board issued a notification dated 02.04.1998 in pursuant to the Government Order passed in G.O.Ms.No.1317, Home (Police.9) Department, dated 08.09.1997 calling for applications to fill up 1000 vacancies for the post of Sub-Inspector of Police. It has been specifically mentioned in the said notification that, the selection would be made on a range wise basis at the respective ranges. 11 ranges have been earmarked for the purpose of selection. Each range has been given number of posts to be filled up separately with specific posts for men and women.

2.2. By the Government Order passed in G.O.Ms.No.1247, Home (Police.3) Department, dated 10.09.1998, the earlier orders were revised directing different types of recruitment to fill up the posts, totalling to 997 vacancies. Subsequently, selection was made as per the Government Order passed in G.O.Ms.No.1421, dated 24.09.1997 on zonal wise basis. Accordingly, a separate cut off mark was fixed for each zone. As could be seen, there were variations in the cut off marks fixed for each zone. For example, cut off marks was fixed at 78% to Chennai Zone for open competition and at 58% for the very same category to the Ramanathapuram zone.

2.3. Based upon the cut off marks fixed for each zone, the selected candidates numbering about 881 were divided into two batches. Accordingly, the first batch of candidates who have got higher marks in each zone formed the first batch and they were sent for training to the Police Training College on 16.04.1999 and the second batch was sent on 22.05.2000. The selected candidates have also been informed about the selection and the batch in which they would be sent for training. After the completion of the training, examinations were conducted for two batches separately. Accordingly for the first batch, the examination was conducted earlier, which was followed by the second batch.

2.4. The prescription of Rule 25(a) of Special Rules for Tamil Nadu Police Subordinate Service is that "the seniority has to be fixed on the date on which a selectee joins duty". The selected candidates joined their posts after completion of the training, which is inclusive of six months practical training and posting in an independent station. Accordingly, they completed the probation period of 2 = years and joined the service.

2.5. About 53 candidates who lost their selection to the post of Sub-Inspector of Police in the year 1997-98, approached the State Administrative Tribunal by filing Original Application in O.A.No.9825 of 1998 and etc., challenging the zonal wise selection. The Tribunal held that, the zonal wise selection conducted by the respondents was not in accordance with law. A challenge was made to the orders passed by the Tribunal before the Division Bench of this Court in W.P.No.17639 of 2001 etc., batch. By a common order dated 25.02.2005, the Division Bench of this Court has passed the following orders:

"73. In such circumstances, we pass the following order:

i) The selection of both of Sub-Inspectors of Police (Men and Women) pursuant to the selection made for the vacancies notified for the year 1997-98 by resorting to zone-wise selection was invalid inasmuch as such zone-wise selection was impermissible under Special Rules governed for Tamil Nadu Police Sub-ordinate Service.

ii) Having regard to the fact that such selection and appointment came to be made as early as far back as in the year 1999, at this distant point of time, applying the ratio of the Hon'ble Supreme Court referred to in earlier paragraphs (i.e.para 61























































































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