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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.S. SUNDAR, S. SRIMATHY, JJ.
Hariprakash - Appellant
Versus
The Member Secretary, Tamil Nadu Forest Uniformed Services Recruitment Committee (TNFUSRC), Chennai - Respondent
W.A(MD). No. 475 of 2022 & C.M.P.(MD). Nos. 4475 & 4477 of 2022
Decided On : 26-07-2022
Writ Appeal - Forest Guard Selection - [ACT SECTION LIST] - The court discussed the validity of first aid certificates and their relevance to the eligibility of the petitioner for the post of Forest Guard with License. The court emphasized the requirement for candidates to possess valid certificates at the time of online registration and certificate verification. It held that the petitioner's possession of a provisional certificate dated 05.01.2019 prior to the notification date made him eligible for consideration, directing the respondent to include him in the final selection list.
Fact of the Case:
The petitioner applied for the post of Forest Guard with License, possessing multiple first aid certificates. After certificate verification, the respondent rejected the petitioner's candidature, stating that the first aid certificate obtained by the petitioner was not valid as per the information brochure.
Finding of the Court:
The court found that the petitioner possessed a provisional certificate dated 05.01.2019 prior to the notification date, making him eligible for consideration. It directed the respondent to include the petitioner in the final selection list.
Issues: Validity of first aid certificates, eligibility for Forest Guard selection
Ratio Decidendi: Possession of a valid first aid certificate at the time of online application and certificate verification is essential for eligibility. The petitioner's possession of a provisional certificate dated 05.01.2019 prior to the notification date made him eligible for consideration.
Final Decision: The Writ Appeal was allowed, directing the respondent to consider the petitioner's candidature and include him in the final selection list.
JUDGMENT
(Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P.(MD)No.2632 of 2021, dated 18.04.2022.)
S. Srimathy, J.
1. This Writ Appeal is filed challenging the order dated 18.04.2022 passed in Writ Petition W.P.(MD)No.2632 of 2021.
2. The prayer in the writ petition is for Writ of Certiorarified Mandamus, to quash the impugned rejection of candidature order issued through the website, dated 27.01.2021, in so far as the petitioner (Table – 1(b) by S.No.8, in (REG NO.20020004171) is concerned for the post of Forest Guard with License and consequently, to direct the respondent to accept the petitioner's First Aid Certificates and select and appoint the petitioner to the post of Forest Guard with License.
3. The brief facts as stated in the writ petition are that the petitioner has completed 10th standard in March 2012, +2 in March 2014 and possessing LMV driving license, has also completed D.C.E. and obtained certificate as PSTM. The petitioner has worked as Driver from 01.08.2016 to 30.04.2020 in Senthur Driving School for period of more than 3 years. The petitioner has completed the First Aid Course in St. John Ambulance (India) on 05.01.2019 and also completed another first aid course in St. John Ambulance Association by examination on 01.02.2020. Thereafter completed the first aid course on 13.10.2020 in Indian Institute of Emergency Medical Services (IIEMS).
4. The petitioner has applied for the post of Forest Guard and Forest Guard with license post as per the Advertisement No.2 of 2019 through website on 30.11.2019. The number of vacancies in respect of Forest Guard was mentioned as 227 and Forest Guard with driving license with current vacancy 2 posts and carry forward vacancies 91 posts totally 320 vacancies. The Educational qualification prescribed for this post is pass in Higher Secondary Course (+2) with physics, chemistry, biology, zoology or botany as one of the subject for the post of Forest Guard. For Forest Guard with driving license, the prescribed qualification is same as Forest Guard with further qualification of a valid driving license issued by competent authority and also certificates from a reputed firm that the candidate should possess experience in driving of Light Motor Vehicle and Heavy Motor Vehicle for a period of not less than 3 years after getting driving license and also that the candidate must possess First Aid Certificate by recognized organization. The petitioner had submitted an application on 26.01.2020 through online for both the above said posts, i.e., for forest guard with or without license through online. The respondent through another notification in website, dated 07.03.2020 for the same posts issued Advertisement No.2 of 2019, dated 30.11.2019, whereby increased the vacancies for the said posts of 320 vacancies to 406.
5. The contention of the petitioner is that on receipt of the application, the first respondent issued an online examination admit card directing the petitioner to attend the written examination on 08.03.2020. The petitioner attended the examination. The respondent has published through the website, dated 24.11.2020, wherein the provisional list of shortlisted candidates (1:3 ratio) for certificate verification, physical standard verification or endurance test for the post of Forest Guard with the driving license - 42 posts has been published. In the said list, the petitioner's name published in Serial No. 4 under General and further, he was selected in the Forest Guard in (table I) General PSTM in Serial No.32. The petitioner was called for certificate verification on 05.01.2021 and the petitioner attended and produced all the educational, driving license, caste certificate, etc. The specific contention of the petitioner is that after verifying the above certificates, especially all the 3 First Aid Certificates produced by the petitioner, the respondent Certificate Verification Committee having satisfied with the first aid
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