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2025 Supreme(Online)(Mad) 7112

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
P.NETHAJI – Appellant
Versus
THE STATE REP BY ITS SECRETARY TO GOVERNMENT – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K. ILANTHIRAIYAN

and

WMP Nos.47492 to 47494 of 2025

Mr.P.Nethaji : Petitioner

Vs.

1.The State,

Represented by its Secretary to Government,

Home Department,

Secretariat, Chennai-600 009.

2.The Director General of Police,

Tamil Nadu Police Department,

Mylapore, Chennai-600 004.

3.The Member Secretary,

Tamil Nadu Uniformed Services Recruitment

Board (TNUSRB),

Old Commissioner of Police Office Campus,

Pantheon Road, Egmore,

Chennai-600 008. : Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Notification No.02/2025 dated 21.08.2025 issued by

the third respondent, quash the same and consequently direct the respondents to appoint the petitioner to the post of Grade II Police Constable (Tamil Nadu Special Police) by considering his earlier participation and eligibility in the previous selection process conducted pursuant to Notification No.02/2023 dated 08.08.2023, within a time frame as may be fixed by this Court.

For Petitioner : Mr.M.Ravikumar For Respondents : Mr.R.Murthi Government Advocate for R1 and R2 Mr.D.Sowmi Datton Standing Counsel for R3

ORDER

This writ petition has been filed challenging the notification dated

21.08.2015 issued by the third respondent for recruitment to the post of Grade II Police Constable and Fireman.

2. The petitioner is eligible to apply for the said post and applied for it. He also wrote the examination on 09.11.2025. After writing the examination, the petitioner challenged the very notification dated 21.08.2025 on the ground that notification mentioned the shortfall vacancy of 21 candidates under the ST category. The petitioner being applied for Grade II Police Constable post in the year 2023 and secured 83 marks. However, he was not selected since already entire vacancies were filled up. Now in the present notification the shortfall vacancies noted as 21 under the ST category and the petitioner had secured 83 marks in the last year recruitment. The respondents ought to have selected the petitioner for the said post.

3. Though the notification has been challenged on several grounds, after having been applied for the post of Grade II Police Constable and also wrote the examination, the petitioner cannot challenge the very notification itself. On one hand, the petitioner challenged the notification, on the other hand, as per the notification, he applied for the post of Grade II Police Constable. Therefore, once the petitioner accepted the notification and applied for the post and wrote the examination, he cannot challenge the notification. It would amount to blow hot and cold act at the same time. That apart, the petitioner applied for the post of Police Constable Grade II as per the earlier notification and scored 83 marks, since the person senior to the petitioner secured same marks, he was selected for the post of Grade II Police Constable. Now the notification issued to fill up the 21 shortfall vacancies in the post of Data Entry Assistant. Though it is same cadre of Grade II Police Constable, it was not notified as per the earlier notification.

4. In view of the above, this Court finds no infirmity or illegality in the notification dated 21.08.2025 issued by the third respondent. The writ petition is devoid of merits. Therefore, the writ petition stands dismissed. No costs.

Consequently, connected miscellaneous petitions are closed.

11.11.2025 Speaking (or) Non Speaking Order Neutral Citation: Yes/No mrn To

1.The Secretary to Government, The State, Home Department, Secretariat, Chennai-600 009.

2.The Director General of Police, Tamil Nadu Police Department, Mylapore, Chennai-600 004.

3.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board (TNUSRB), Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.

G.K. ILANTHIRAIYAN , J .

(mrn)

11.11.2025

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