1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 14.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P(MD)Nos.2162 & 2163 of 2011 And M.P.(MD)Nos.1 & 1 of 2011 1.A.Anbu .. Petitioner in WP.2162/11 2.P.Iyappan Pillai .. Petitioner in WP.2163/11 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 – 4. .. Respondents in both Wps. PRAYER IN BOTH WPs: Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents particularly the 1st respondent to consider the petitioners' candidature under 5 percent reservation quota for Ex-servicemen for the post of Police Constable Grade-II on the basis of their written examination having been conducted on 03.08.2008 in the light of the decision rendered by this Court dated 16.12.2010 made in W.P.No.1206 to 1209 of 2009. For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.N.Elango Govt.Advocate COMMON ORDER These writ petitions have been filed for a Mandamus, directing the respondents, particularly the 1st respondent, to consider the petitioners' candidature under 5 percent reservation quota for Ex-servicemen for the post of Police Constable Grade-II on the basis of their written examination having been conducted on 03.08.2008 in the light of the decision of this Court in W.P.Nos.1206 to 1209 of 2009 dated 16.12.2010. 2.The petitioners have applied for the post of Police Constable Grade II and written their examinations, which was conducted on 03.08.2008. However, they have not been selected. The petitioners are Ex-servicemen and some of the Ex-servicemen, who were not selected, have been approached this Court by filing W.P.Nos. 1206 to 1209 of 2009 dated 16.12.2010 and this Court by an order dated 16.12.2010 has directed the respondents to consider their case. In view of the said order, now the petitioners have approached this Court by filing the present writ petitions. 3.No doubt, this Court in the writ petitions filed by the Ex- servicemen, who have applied for the post of Police Constable Grade-II have directed the respondents to consider their case following 5% reservation to Ex-servicemen in Group 'C' posts. However, this Court had directed the Government to follow 5% reservation for Ex-servicemen for https://hcservices.ecourts.gov.in/hcservices/ 2 future vacancies. Paragraphs 16 & 17 of the order made thereunder is extracted hereunder:- “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.The petitioners have approached this Court after the lapse of three years from the date of recruitment. They cannot expect an order in their favour though they have not filed the writ petitions like others. That apart, as rightly pointed out by the learned Government Advocate, this Court while allowing the said writ petition, has directed the Government of Tamil Nadu to follow 5% reservation in future vacancies. 5.In view of the above stated position, I am of the considered view that the writ petition is liable to be dismissed on the ground of latches alone. That apart, since this Court has directed the Government of Tamil Nadu to consider the case of the Ex-servicemen following 5% reservation to them in future, the present writ petitions are liable to be rejected and accordingly rejected. No costs. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) To 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 – 4. + 2 cc's to Mr.Palanivelayutham, Advocate, SR Nos.6430, 6431 + 2 cc's to The Special Government Pleader, SR Nos.6538, 6539 ORDER MADE IN W.P(MD)Nos.2162 & 2163 of 2011 14.03.2011 MPK/RJ/25.3.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/