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2022 Supreme(Online)(Mad) 98861

MADRAS HIGH COURT
B.Akkim – Appellant
Versus
The State of Tamil Nadu – Respondent
WP 12833/2021



Advocates:
['R JAYAPRAKASH', '', 'R S Maitreya', 'B Kavya', 'C KATHIRAVAN GOVT ADVOCATE TAKES NOTICE']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 04.10.2021

PRONOUNCED ON : 07.01.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P. Nos.12833,12835 & 4852 of 2021

and W.M.P.Nos.13628,13626,13629,

13625,16010 and 11750 of 2021, 13450 of 2021

(Through Video Conferencing)

W.P.Nos.12833 & 12835 of 2021

B.Akkim

..Petitioner in W.P.No.12833 of 2021

S.M.Prabu ..Petitioner in W.P.No.12835 of 2021

vs.

1. The State of Tamil Nadu,

Rep.by its Principal Secretary to Government,

Home Department, Fort St.George,

Secretariat, Chennai 600 009.

2. The Chairman,

Tamil Nadu Uniformed Services Recruitment Board,

Old Commissioner of Police Office Campus,

Egmore, Chennai 600 008.

3. The Member Secretary,

Tamil Nadu Uniformed Services Recruitment Board,

Old Commissioner of Police Office Campus,

Egmore, Chennai 600 008.

4. The Director General of Police,

O/o.The Director General of Police,

Mylapore, Chennai 600 004.

..Respondents in W.P.Nos.12833 & 12835 of 2021

Prayer in W.P.Nos.12833 & 12835 of 2021: Writ petitions filed

under Article 226 of the Constitution of India praying for

issuance of a writ of Certiorarified Mandamus calling for

records pertaining to order passed by the 2nd respondent vide his

proceedings in C.No.D2/1319/2017 dated 31.05.2021 and

C.No.L1/1441/2021 respectively dated 31.05.2021 and quash the

same and consequently direct the respondents to treat their

candidature bearing Registration Nos.1210305 and 0813900

https://hcservices.ecourts.gov.in/hcservices/

respectively under the PSTM category for appointment to the post

of Sub-Inspector of Police by allowing the petitioner to

participate in the next level of selection process and

consequently appoint him in the post of Sub-Inspector of Police.

For Petitioners : Mr.R.Singaravelan

Senior Counself for

Mr.R.Jayaprakash

(in both W.Ps.)

For Respondents : Mr.L.S.M.Hasan Fizal

Government Advocate.

(in both W.Ps.)

W.P.No.4852 of 2021:

S.Athiyaman ...Petitioner

vs.

1. The Secretary to Government,

Home(Police III) Department,

Fort St.George,

Chennai 600 009.

2. The Chairman,

Tamil Nadu Uniformed Services Recruitment Board,

Anna Salai,

Chennai 600 002.

3. The Director General of Police,

Mylapore, Chennai 600 004. ...Respondents

Prayer:-Writ petition filed under Article 226 of the

Constitution of India praying for issuance of a writ of Mandamus

directing the second respondent to permit the petitioner to

participate in the next stages of the recruitment process i.e.

Via-Voce under 20% reservation of PSTM Category in recruitment

for the post of Sub-Inspector of Police vide notification

No.02/TNUSRB/2019 dated 08.03.2019.

For Petitioner: Mr.V.Murali for

Mr.M.Habeeb Rahman

For Respondents: Mr.L.S.M.Hasan Fizal

Government Advocate.

https://hcservices.ecourts.gov.in/hcservices/

C O M M O N O R D E R

The issue that arises for consideration in these writ

petitions is whether the petitioners in W.P.No.128333 of 2021

(B.Akkim), W.P No.12835 of 2021 (S.M.Prabhu) and W.P No.4852 of

2021 (S.Athiyaman) were entitled for appointment to the post of

Sub-Inspector of Police pursuant to Recruitment Notification

No.2/TNUSRB/2009 dated 8.5.2019 by application of the Tamil

Nadu Appointment on Preferential Basis under the State of

Persons Studied in Tamil Medium Act, 2010 (referred to as PSTM

Act, 2010) in the recruitment called.

2.These petitioners had applied to the post of Sub Inspector

Police pursuant

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