W.P.(MD) No.19542 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 22.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.(MD) No.19542 of 2021

P.Jegan

... Petitioner

-vs-

1. Tamil Nadu Uniformed Services Recruitment Board,

Rep. by its Chairman, Egmore, Chennai 8.

2. The Inspector General of Police /

Member Secretary,

Tamil Nadu Uniformed Services Recruitment Board,

Old Commissioner Office Campus,

Egmore, Chennai – 8.

3. The Director General of Police,

Beach Road, Chennai 4.

... Respondents

Prayer:- Petition filed under Article 226 of the Constitution of

India praying for issuance of Writ of Certiorarified Mandamus to

call for the records pertaining to the impugned order in

C.No.L1/2129/2021 dated 04.08.2021 and the consequential impugned

order in C.No.L1/2129/2021 dated 07.10.2021 on the file of the

respondent No.2 and quash the same as illegal and consequently for a

direction, 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) Category either by granting

additional 3 marks for double star in 100m running or in the

alternative by way of operating the reserve list in accordance with

the Section 27(f) of the Tamil Nadu Government Servants (Conditions

of Service Act), 2016 within the time period stipulated by this

Court.

For Petitioner

:

Mr.T.ASWIN RAJASIMMAN, Advocate for

Mr.T.LAJAPATHI ROY, Advocate

For Respondents

:

Mr.VEERAKATHIRAVAN,

Additional Advocate General

assisted by Mr.A.K.MANIKKAM,

Special Government Pleader

******

O R D E R

The order impugned dated 04.08.2021 rejecting the request of

the petitioner to provide a chance to test his 100 metres running

skill and the consequential reply, to the representation of the

petitioner, issued by the 2^nd respondent in proceedings dated

1/9

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

W.P.(MD) No.19542 of 2021

07.10.2021 pursuant to the orders of this Court dated 08.09.2021

passed in W.P.(MD) No.15723 of 2021, are under challenge in the

present writ petition.

2. The petitioner participated in the process of selection for

appointment to the post of Sup Inspector of Police. He was

successful in the written examination and participated in the

physical test and endurance test. The petitioner scored 74.25

marks. However, the cut off mark for B.C. General Category is 75.50

for Taluk and 74.50 for Armed Reserve and Tamil Nadu Special Police.

3. The petitioner submitted the representation with reference

to two issues. Firstly, he says that in 100 meters running event,

he made a request to provide re-chance, as the digital display board

was not switched on. If at all a re-chance is provided, the

petitioner would have scored more marks and he will be falling

within the zone of consideration.

4. Secondly, the petitioner contended that under Section 27(f)

of the Tamil Nadu Government Servants (Conditions of Service) Act,

2016 (hereinafter referred to as “the Act” for brevity), the rule of

reservation is to be followed by preparing a reserve list of

candidates, that is, 25% of the select list. However, in the

present selection, no such reserve list was prepared which resulted

in compliance of reservation as per the provisions of the Act. The

representation of the petitioner was not considered and the writ

petitioner filed writ petition and pursuant to the orders of this

Court, his representation was considered and the impugned order was

passed.

5. The learned counsel for the petitioner mainly relied on the

fifth proviso to Section 27(f) of the Act. The said proviso reads

as follows:-

“Provided also that when a candidate selected for

appointment against a vacancy for Scheduled Castes,

Scheduled Tri