1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)Nos.150, 151 and 359 of 2011 and M.P.Nos.1 to 1 and 2 to 2 of 2011 and 3 of 2011 L.Madhevan Pillai .. Petitioner inW.P.No.150/11 N.Jaishankar .. Petitioner in W.P.No.151/11 M.Palanivel .. Petitioner in W.P.No.359/11 Vs. 1.The Director, Tamil Nadu Uniformed Services Recruitment Board, No.4, 9th Cross Street, Indra Nagar, Chennai- 600 020. 2.The Director General of Police Office of Director General of Police Mylapore, Chennai. .. Respondents in W.P.Nos.150 & 151/2011 1.The Secretary to Government Home Department, Secretariat. Chennai. 2.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, No.807 P.T. Lee. Changalvaraya Naickar Maaligai, Anna Salai, Chennai 600 002 3.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai 4 .. Respondents in W.P.No.359 Prayer in W.P.Nos.150 and 151 of 2011: 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 of the first respondent notification in advertisement No.210 dated 10.05.2010 and quash the same with regard to 5% of the vacancies mentioned in the said notification and direct the respondents to appoint the petitioner as police constable Grade-II based on the written test conducted on 08.08.2010. Prayer in W.P.No.359/11: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records of the first respondent notification in advertisement No.210 dated nil issued by the second respondent and to https://hcservices.ecourts.gov.in/hcservices/ 2 quash the same insofar as the reservation of seats is concerned and consequently direct the respondents to allot 5% of seats to the exservice men in accordance with G.O.Ms.No.18 dated 22.01.2007 to appoint the petitioner as Grade -II Police Constable based on the written list conducted on 08.08.2010 and pass such further or other orders of this Court. For Petitioners in W.P.Nos.150 & 151 : Mr.H.Velavadas in W.P.No.359 : Mr.T.Jeen Joseph 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 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 https://hcservices.ecourts.gov.in/hcservices/ 3 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.” 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. SD/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government Home Department, Secretariat. Chennai. https://hcservices.ecourts.gov.in/hcservices/ 4 2.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, No.807 P.T. Lee. Changalvaraya Naickar Maaligai, Anna Salai, Chennai 600 002 3.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai. 4. The Director, Tamil Nadu Uniformed Services Recruitment Board, No.4, 9th Cross Street, Indra Nagar, Chennai- 600 020. +2 Ccs TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 13940 & 13941 W.P.(MD)Nos.150, 151 and 359 of 2011 and M.P.Nos.1 to 3 of 2011 11.04.2011 RR PAM 28.04.2011/7C/4P https://hcservices.ecourts.gov.in/hcservices/