IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.02.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.22371 of 2022 G.Rajapathi ...Petitioner -Vs-

1. The Secretary to Government, Home (Police II) Department, Fort St George, Chennai-9.

2. The Director General of Police, Dr Radhkrishnan Salai, Mylapore, Chennai-4.

3. The Member Secretary, T.N.Uniform Services Recruitment Board, Old Commissioner's Office Building, Pantheon Road, Egmore, Chennai-8. ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pass orders on the representation made by the petitioner dated 01.03.2020 for appointment as Sub - Inspector of Police, Category - I for the year 1998 -99 based on the order of the Hon'ble Supreme Court in Civil Appeal No. 7667 /

2014 in SLP (C) No. 21828 / 2006 etc 7.08.2014 within a reasonable time.

For Petitioner : Mr.M.Muthappan For R1 and R2 : Mr.S.Rajesh Government Advocate For R3 : Mr.P.Kumaresan Additional Advocate General assisted by Mrs.D.Sowmi Dattan

ORDER

This writ petition has been filed for direction directing the respondents to pass orders on the representation made by the petitioner dated 01.03.2020 for appointment as Sub - Inspector of Police, Category - I for the year 1998 -99 based on the order of the Hon'ble Supreme Court in Civil Appeal No.7667 /

2014 in SLP (C) No. 21828 / 2006 etc., 07.08.2014 within a reasonable time.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner had entered in the service as a directly recruited Grade-II Police Constable. After completion of four years, he was transferred to District Armed Reserve, Perambalur District. On bifurcation of Perambalur District and Ariyalur District, the petitioner opted to serve in Ariyalur District wherein he was posted to serve in the Armed Reserve initially and thereafter, he was posted to serve in the Law and Order establishment. Thereafter, the petitioner was upgraded as Grade-I Police Constable in the year 2009 and subsequently, he was promoted to the post of Head Constable in the year 2015. In the year 1997- 1998, the third respondent invited applications from eligible candidates for selection to the post of Sub-Inspector, by direct recruitment from among the public as well as service candidates under 20% quota. The petitioner applied for the said post and scored 22.12 marks in the written examination. In the physical efficiency test, he scored good marks and he was selected for viva voce. Totally, he had secured 71.62 marks. However, cut off marks prescribed for BC was over and above 71.62 marks and as such, he was not selected to the post of Sub-Inspector of Police from Trichy Zone. In the year 1997-1998, zonal wise selection was conducted by the respondents. Therefore, the persons who have secured over and above the lowest cut off when compared to other zones could not be appointed to service, where highest cut off marks have been prescribed.

4. A batch of writ petitions were filed and finally, the Hon'ble Supreme Court of India held that there cannot be any period of limitation for approaching the Court, when admittedly those individuals have secured over and above the lowest cut off marks prescribed for each category in any one of the zone. Therefore, the persons numbering about 11 were appointed to service as Sub Inspector of Police. Other writ petitions which were pending were also ordered, on the strength of the Hon'ble Supreme Court of India. Accordingly, the petitioners therein were granted relief and promoted to the post of Sub Inspector of Police. However, the petitioner did not approach the Court and submitted representation seeking to be appointed as Sub-Inspector of Police, in view of the order passed by the Hon'ble Supreme Court of India.

5. The learned Additional Advocate General appearing for the third respondent submitted that the request of the similarly plac