Advocates:
['M/S RAMSUNDARVIJAYRAJ S', '', 'saravanakumar p', '', 'SPL GOVT PLEADER']

W.P.(MD) No.1727 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 18.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.(MD) No.1727 of 2022

S.R.Sivamaharajan

... Petitioner

vs.

1.The Chairman

Tamil Nadu Uniform Service Board

Egmore, Chennai-08

2.The Member Secretary

Tamil Nadu Uniform Service Board

Egmore, Chennai-08

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India for issuance of writ of mandamus directing the respondents to

select and appoint the petitioner in the post of 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.

For Petitioner

:

Mr.Ramsundarvijayraj.S.

For Respondents :

Mr.Veera Kathiravan

Additional Advocate General

assisted by Mr.A.K.Manikkam

Special Government Pleader

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

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W.P.(MD) No.1727 of 2022

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