IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.11.2005 CORAM: THE HONOURABLE MR.JUSTICE P.SATHASIVAM and THE HONOURABLE MR.JUSTICE S.K.KRISHNAN W.P.No.2036 of 2003 The Director General of Police and Chairman, Tamilnadu Uniformed Services Recruitment Board, No.807, II Floor, Anna Salai, Chennai-2. .. Petitione versus 1. L.Balan Louis 2. The Registrar Tamil Nadu Administrative Tribunal Chennai-104. .. Respondent PRAYER: Writ petition filed under Article 226 of the Constitution o India for the issue of a writ of Certiorari to call for the record pertaining to the order dated 02.07.2002 made in Origina Application No.8973 of 2000 on the file of Tamilnadu Administrativ Tribunal, Chennai, the 2nd respondent herein and quash the same. For petitioner : Miss V.Velumani Addl. Government Pleader For respondent-1 : Mrs.Sudha for M/s.Sudha Ravi Associates ORDER (Order of the Court was made by P.SATHASIVAM,J.) Aggrieved by the order of the Tamilnadu Administrativ Tribunal, Chennai dated 02.07.2002 made in O.A.No.8973 of 2000, th Director General of Police and Chairman, Tamilnadu Uniforme Services Recruitment Board, Chennai-2, has filed the above wri petition. 2. It is seen that the petitioner herein had called fo applications from eligible candidates for 183 posts of Sub-Inspecto of Police (Technical) on 28.06.2000. The notification was issued a per rules. The recruitment of S.I. (Technical) consists of Physica https://hcservices.ecourts.gov.in/hcservices/ Measurement Test, two papers of Written Test and viva voce Physical measurement test was conducted on 28.08.2000 and th written test was conducted on 29.08.2000. Though no minimum age ha been mentioned in the notification, the applicant – first responden herein, has not completed 18 years on the cut-off date, namel 1.7.1999, as mentioned in the notification. Based on the adho rules issued in G.O. Ms.No.53, Home (Police IX) Department date 18.1.1999, the petitioner Board decided to disqualify the candidate who were below 18 years as on the cut-off date, i.e. 1.7.1999. Th applicant being a disqualified candidate due to the age factor, th Board has rejected the first respondent herein. However, he wa allowed to compete along with the other candidates upto writte test, and only on verification of certificate at the time o interview held on 2.11.2000, it was noticed that the firs respondent has not fulfilled the age norms since he has no completed 18 years as on the cut-off date, i.e. 1.7.1999. Aggrieve by the same, the first respondent herein filed the O.A.No.8973 o 2000 before the Tamilnadu Administrative Tribunal. By impugned orde dated 2.7.2002, the Tribunal set aside the rejection order an allowed his application. Questioning the same, the present wri petition has been filed. 3. Heard the learned Additional Government Pleader for th petitioner as well as the learned counsel for the first respondent. 4. It is not in dispute that the first respondent herein ha applied for the post of Sub-Inspector (Technical) through direc recruitment. As per the notification dated 29.6.2000, published i Daily Thanthi, the maximum age as on 1.7.1999 has been prescribed a thirty years and relaxable in respect of S.C. and S.T. Candidates It is the claim of the first respondent that inasmuch as his date o birth being 29.4.1982 on the date of the notification, namel 29.6.2000, he had completed 18 years and was eligible to b considered for the post. Though learned Additional Governmen Pleader, by drawing our attention to the Special Rules for Tamilnad Police Subordinate Services, contended that the minimum ag prescribed is 20, the first respondent being less than 20 is no eligible to be considered and the Tribunal has committed an error i granting relief as claimed, it is relevant to note that while takin decision on 30.10.2000, the Petitioner Board had referred to th Adhoc Rules issued in G.O.Ms.No.53, Home (Police IX) Departmen dated 18.1.1999. Learned counsel appearing for the first responden has brought to our notice that as per the adhoc rules, the post o Sub Inspector (Technical) has to be filled up by direct recruitmen and no person shall be eligible for appointment to the post of Su Inspector (Technical), if he has completed or will complete the ag of thirty years on the first day of July of the year in which th selection for appointment is made. https://hcservices.ecourts.gov.in/hcservices/ 5. Admittedly, no minimum age has been fixed in the rules no mentioned in the notification. However, it does not mean that minor, namely, person having less than 18 years of age can als participate in the selection process. Though the adhoc rule prescribe other qualifications, namely education, etc. and of th fact that the petitioner Board itself refers to the very same rule – adhoc rules, considering the fact that on the date of th notification the first respondent herein had completed 18 years, w are unable to agree with the contention raised by the learne Additional Government Pleader and are in agreement with th conclusion arrived by the Tribunal. 6. Whatever may be, in the light of the reference by th petitioner Board to the adhoc rules, the reliance of the learne Additional Government Pleader to the Special Rules for Tamilnad Police Subordinate Services will not be applicable to the case o hand. 7. In the light of the details furnished in the notificatio and of the fact that there is no minimum age prescribed, taking not of the fact that on the date of the notification the firs respondent herein had completed 18 years, we are in entir agreement with the conclusion arrived by the Tribunal. We do no find any valid ground for interference and accordingly, the wri petition fails and the same is dismissed. It is made clear that i the first respondent is otherwise eligible/successful in all othe qualification/tests, he may be considered for the post of Su Inspector (Technical). With the above observation, the writ petition is dismissed. N costs. Km Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To: The Registrar Tamil Nadu Administrative Tribunal Chennai-104. +1cc to M/s.Sudha Ravi associates(SR.44477) +1cc to the Government Pleader,High Court,Madras-104.(SR.44548) SGL(CO) rvr/17.11 W.P.No.2036 of 2003 https://hcservices.ecourts.gov.in/hcservices/