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 placed persons were rejected and the same were also confirmed by the Hon'ble Division Bench of this Court in W.A.Nos.1124 to 1132 of 2016 dated 19.04.2023, wherein it was held as follows:-

“11. At this juncture, it is relevant to extract the relevant portion of the order passed by the Hon'ble Supreme Court dated 07.08.2014 in C.A.No.7668/2014, which is extracted as under:-

It is not as if there were valid grounds for not making these appointments. Illustratively, if all the advertised posts had been filled up, perhaps, the State Government could have a legitimate reason for denying the claim of these appellants for appointment, on account of delay. From the sequence of facts brought to our notice, it emerges, that a large number of vacancies had remained unfilled, after appointments were originally made. Even after the State Government implemented the orders of the Administrative Tribunal by appointing only those who had availed of judicial redress, a number of vacancies still remained unfilled. Therefore, not a single person appointed by the State Government would have to be disl