1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)Nos.351 to 354 and 373 of 2011 and M.P.Nos.1 to 1 and 2 to 2 of 2011 N.Kasirajan .. Petitioner in W.P.No.351/11 A.K.Thiagarajan .. Petitioner in W.P.No.352/11 M.Mariappan .. Petitioner in W.P.No.353/11 V.Gurunathan .. Petitioner in W.P.No.354/11 R.Reviselvam .. Petitioner in W.P.No.373/11 Vs. 1.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, No.807 P.T. Lee. Changalvaraya Naickar Maaligai, Anna Salai, Chennai-600 002. 2.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai. ..Respondents in WP.Nos.351 to 354/11 & WP.No.373 of 2011 Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issue of a Writs of Certiorarified Mandamus, to call for the records relating to the impugned notification issued by the first respondent in advertisement No.210 dated nil for general selection to the post of police constable Grade-II,[Male to female] Jail Warders and Firemen for the year 2010 and quash the same as illegal in so far as it relates to the non-provision of reservation of 5% for ex-servicemen category and consequently to direct the respondents to consider the petitioners for appointment to the above said post under ex- servicemen priority category. For Petitioners : Mr.M.Ajmal Khan For Respondent : Mr.V.Rajasekaran, Special Government Pleader ORDER ****** Since the issue is involved in these Writ Petitions are one and the same, they were heard together and disposed of by means of this common order. 2. These petitions have been filed challenging the notification dated 10.05.2010 of the first respondent to the post of Grade II Police Constable with regard to 5% of the vacancies mentioned in the said https://hcservices.ecourts.gov.in/hcservices/ 2 notification and directing the respondents to appoint the petitioners as Police Constable Grade II based on their written test on 08.08.2010. 3. A similar notification of the first respondent, dated 15.04.2008, came in for consideration before this Court in W.P.Nos.1206 to 1209 of 2009. This Court by an order dated 16.12.2010 has passed the following order: “16. In view of the above findings, the first respondent is directed to follow 5% reservation to Ex-servicemen in Group 'C' posts hereafter and consider the claim of the petitioners for selection and appointment to the post of Grade II Police Constable under the Ex-servicemen category for the year 2007 - 2008 and issue appointment orders to the petitioners within a period of four weeks from the date of receipt of a copy of this order. 17. The Writ Petitions are disposed of with the above directions. Consequently, connected Miscellaneous Petitions are closed. No costs. The Registry is directed to communicate this order to the Chief Secretary and Secretary, Home Department, Government of Tamil Nadu for taking further action in this regard for future recruitment in Group 'C' posts in Police Department also in order to avoid repetition of such hypertechnical pleas by the respondents hereafter. “ 4. It is not in dispute that the petitioners also stand in the same footing. The learned special Government Pleader also accepted the said proposition. In fact, in the counter affidavit of the first respondent in paragraph Nos.18 and 19, it is stated as follows: “18.It is submitted that in G.O.(2D) No.67 Home (Po.III) Department, dated 24.02.2011, the government have decided to reserve 5% to Ex-servicemen for appointment in Group 'C' posts in recruitment undertaken by Tamil Nadu Uniformed SERvices Recruitment Board. Government orders have been requested about the applicability of this provision for the recruitment done in the year 2010, especially considering the fact that the selections made against the vacancies notified and provision of reservation at this stage will involve exceeding the notified vacancies. It is further submitted that the Writ Petitioners fall into two categories (i) those who passed the written test but could not qualify for stage – II (Certificate verification, endurance test, physical measurement test and physical efficiency test) and (ii) those who were called to stage II but were not selected as the total marks secured by them were below the cut off marks for the respective communities. In the event of considering such candidates different procedures will have to be evolved taking into account the stage at which they were eliminated. Government orders have been requested on this issue too. 19.It is submitted that the respondent Board will consider the claim of the petitioners after getting orders from Government.” https://hcservices.ecourts.gov.in/hcservices/ 3 5. Considering the above facts and circumstances and considering the counter affidavit filed by the respondents, the first respondent is directed to follow 5% reservation for Ex-service men in Group C posts hereafter and consider the claim of the petitioners for selection and appointment to the post of Grade II Police Constables under the Ex- Service men category for the year 2010 and issue appointment orders to them within a period of four weeks from the date of receipt of a copy of this order. The Writ Petitions are ordered accordingly. No costs. Consequently connected Miscellaneous Petitions are closed. RR Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, No.807 P.T. Lee. Changalvaraya Naickar Maaligai, Anna Salai, Chennai. 2.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai. +5 cc to M/s.M.Ajmal Khan, Advocate SR.Nos.13619 to 13621, 13615 & 31617. +1 cc to the Special Government Pleader, SR.No.13946. W.P.(MD)Nos.351 to 354 and 373 of 2011 and M.P.Nos.1 to 1 and 2 to 2 of 2011 Dated:11.04.2011 3P/9C RPB 26.07.2011 https://hcservices.ecourts.gov.in/hcservices/