Seniority of Sub Inspectors (Technical) must be determined by examination marks post-training, not by appointment dates, and delays not caused by candidates should not affect their seniority.

COMMON JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.

1. Aggrieved by the common order dated 25.07.2023 made in WP Nos. 4816, 4810, 4817, 4812, 4807, 4809, 4808 and 4815 of 2015 and the order in Writ Petition No.4876 of 2015 dated 22.08.2022 and WP No.4877 of 2015 dated 22.08.2022, the appellants have preferred these Appeals. The issue involved in these appeals relates to the seniority of the appellants and it is common to all the Writ Petitions, hence the appeals are also disposed of by a common judgment.

2. The appellants took part in the selection for the post of Sub Inspector (Technical), which was introduced in the year 1999 and Adhoc Rules for the appointments were made on 18.01.1999 under G.O.Ms. No.53. The selection process began with a notification issued by the Tamil Nadu Uniformed Service Recruitment Board (TNUSRB) for the year 1999-2000. All the appellants took part in the said selection and they were successful in the written examination and the interview. Thereafter, they were referred to medical examination.

3. As far as the three appellants viz. the appellants in Writ Appeal Nos.2172, 2176 and 2181 of 2024, they were not immediately appointed as they did not clear the medical examination, particularly on eyesight. In fact, the candidature of the appellants in WA Nos.2176 and 2181 of 2024 were rejected by orders dated 09.11.2001 and 28.11.2000. Those two candidates approached the Tamil Nadu Administrative Tribunal and upon directions of the Tribunal, a second medical examination was conducted for them on 02.08.2002 and 27.09.2002, in which they were declared fit. However, the appointment orders for them were issued on 02.09.2004 and 15.09.2004.

4. As regards the appellant in WA No.2172 of 2024, he did not clear the medical test held on 27.11.2000 and his candidature was rejected on 27.09.2001. However, he was referred to the Egmore Eye Hospital on 13.11.2001 and there was a second Medical Board, which examined him on 05.04.2004. Since he was cleared by the second Medical Board, the appointment order was issued to him on 08.10.2004.

5. For the other candidates, viz. the appellants in WA Nos.1985, 1986, 2173, 2177, 2184, 2185 and 2186 of 2024, there was a delay in referring them to the medical test, and they were referred to medical test in the months of November 2001, April 2002 and May 2002. All these seven candidates cleared the test, but they were not appointed. The appointment orders for them were issued only on 14.09.2004 and 15.09.2004. The issue of seniority of these candidates, who were selected by a common recruitment process, which commenced in the year 2000 was to be decided on the basis of the Special Rules for Tamil Nadu Police Subordinate Service, and Rule 25 of the said Rules deals with seniority.

6. As per proviso to Rule 25 (a) of the Tamil Nadu Police Subordinate Service, the Seniority of Sub Inspectors recruited directly shall be fixed on the basis of the marks obtained by them in the final examination in the Police Training College, Chennai. The issue as to what would constitute the final examination became a subject matter of controversy, which led to Writ Proceedings before this court. The Adhoc Rules that were framed in the year 1999 in respect of recruitment of Sub Inspectors (Technical) are silent about the seniority. But the Adhoc Rules provide for training and rule 10 of the said Adhoc Rules issued vide G.O.Ms.No.53 dated 18.01.1999 reads as follows:

10 Training:

(a) Every person appointed to the post of Sub- Inspector (Technical), shall undergo a training for a period of three months in the Police Training College.

The training programme shall include the following:

INDOOR--

(i) Organisational structure of Police Force and badges of rank.

(ii) Rudiments of Law, Indian Penal Code, 1860 (Central Act XLV of 1860);Criminal Procedure Code 1973 (Central Act 2 of 1974), Indian Evidence Act, 1872 (Central Act I of 1872) and Minor Acts.

(iii) Tamil Nadu Subordinate Police Officers Conduct Ru