O R D E R

The relief sought for in this writ petition is to direct the respondents to select and appoint the petitioner in the post Sub Inspector of Police (Taluk, Armed Reserve (Men and Women/Transgender)) and Tamil Nadu Special Police (Men) 2019 under BC (General) Non-Departmental Category by operating the reserve list in accordance with Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service Act) 2016, within the time stipulated by this Court.

2. The grievance of the petitioner is that he was successful in the written examination for selection and appointment to the post of Sub Inspector of Police and he was allowed to participate in the physical verification test and endurance test. Though the petitioner was selected, his name was not included in the waiting list for the purpose of providing an opportunity in the event of the selected candidate not joining in the post of Sub Inspector of Police.

3. The learned counsel appearing for the petitioner reiterated that the waiting list procedure has not been followed by the respondents and in the event of following such procedure, the petitioner would be in a position to get an opportunity for appointment to the post of Sub Inspector of Police

4. The learned Additional Advocate General appearing for the respondents objected the above contentions of the learned counsel for the petitioner by stating that the practice of preparing waiting list has been dispensed with and therefore, the very claim made by the petitioner is untenable.

5. This Court has elaborately considered the issue of dispensing with the waiting list by the respondent – Board by order dated 22.03.2022 in W.P.(MD) No.19542 of 2021 and the relevant portion of the said order are extracted hereunder:

“7. The learned Additional Advocate General in respect of the above two issues, made a submission that the Government has invoked the powers under Section 68 of the Act and granted relaxation for publication of reserve list in G.O.Ms.No.958, Home (Police-III) Department, dated 10.11.2009. The drawal of waiting list was dispensed with on certain special circumstances, as far as the Tamil Nadu Uniformed Services are concerned. The Government Order is applicable exclusively to the Police Department more specifically, for recruitment to Uniformed Services. The special circumstances and the spirit of the special rules applicable for Police Department were submitted for consideration before the Government by the Director General of Police and accepting the said proposal, the Government issued orders in G.O.Ms.No.958, dispensing with the drawal of waiting list in the process of selection for Uniformed Services. The said Government Order is not applicable to other Departments or even for the Ministerial Services in the Police Department. Therefore, the procedure of preparation of reserve list is not applicable to the recruitment to the post of Sub Inspector of Police and thus, the contention of the petitioner is to be rejected.

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12. Perusal of the above clause reveals that qualified and suitable candidates are not available for selection for appointment by recruitment by transfer or by promotion in the turns allotted to them. Section 27 generally deals with reservation and sub-clause (f) specifically deals with recruitment by transfer or promotion. Therefore, the Act contemplates method of reservation to be adopted for appointment for various methods of appointments. Appointments are made on different modes viz., direct recruitment, appointment by transfer of service, appointment by promotions or otherwise. Therefore, the said sub-clause (f) may not be directly applicable with reference to the direct recruitment made to the post of Sub Inspector of Police in Uniformed Services. Even presuming that the reserve list is to be prepared for direct recruitments, it is not generally dispensed with by the Government and the order was passed dispensing with the drawal of waiting list only for the Uniformed Services by i