1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2011 CORAM: THE HONOURABLE Mr.JUSTICE K.N.BASHA W.P.(MD)No.1988 of 2011 and M.P.(MD)No.1 of 2011 V.Ramesh ... Petitioner Vs. 1.The Chairman, Tamil Nadu Uniform Services Recruitment Board, P.T.Chengalvarayan Maligai, Anna Salai, Chennai-2. 2.The Director General of Police, Law and Order, Tamil Nadu, Dr.Radhakrishnan Salai, Chennai-4. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to select the petitioner in the selection for the post of Combined Recruitment of Grade-II, Police Constables/Grade- II Jail Warders/Fireman-2010. For Petitioner : Mr.N.Mohideen Basha For Respondents : Mr.Aayram K.Selvakumar, Govt.Advocate O R D E R The petitioner has come forward with this Writ petition seeking for the relief of issuance of a Writ of Mandamus, directing the 1st respondent to select the petitioner in the selection for the post of Combined Recruitment of Grade-II, Police Constables/Grade- II Jail Warders/Fireman-2010. 2.The case of the petitioner is that he hails from a socially and economically downtrodden family. He is the first generation in his family to complete the school education and also completed two years fitter diploma course at St.Mary’s Industrial Training Center, Tenkasi in the year 2003-2005. During his school days, he had participated and won district level kabadi meet during Republic day sports 2002-2003 and also won Zonal level competition https://hcservices.ecourts.gov.in/hcservices/ 2 in the year 2002-2003. The petitioner has also participated in Mini Marathan held on 09.11.2002 conducted by Rotary Club of Courtallam and also won 1500 mtrs. running race and came second place in shot-put. The petitioner was also a member of school NSS unit during the year 2001-2003. The petitioner being the aspirant to be the police force, had developed clean habits and maintained discipline. 3.As per the advertisement in the news paper dated 05.05.2010, issued by the 1st respondent, calling for Grade-II (Male/Female) Police Constable, Grade-II (Male/Female) jail Warders and Firemen 2010, the petitioner had submitted his application and participated in the written test and physical efficiency test. Out of 100 marks, 80 marks for written test, 15 marks for physical efficiency test and 5 marks for NCC, NSS and Sports Certicates will be awarded. The petitioner obtained 55 marks in written test and 15 full marks in physical efficiency test, but, no marks were given to him either in respect NSS certificate or in respect of sport certificate. The petitioner secured a total mark of 70 and as such he was not selected. Even if minimum mark was given to his NSS and sports certificates, he would have been selected for the post of Fireman and if maximum marks were given, he would have been selected for the post of Tamil Nadu Special Police (TSP). In spite of submitting the NSS and sports certificates for verification, the petitioner was not given marks in respect of those certificates and as such, the petitioner has been constrained to approach this Court with the present Writ petition with the above said prayer. 4.Mr.N.Moideen Basha learned counsel appearing for the petitioner would vehemently contend that even as per the admitted fact that the petitioner has secured a total marks of 70 and persons, who have secured 71 marks, have already been selected and the petitioner's non selection is only due to the respondents not giving marks for NSS and sport certificates. 5.The 1st respondent filed a counter affidavit, stating that the petitioner has not produced the originals of the sports and NSS certificates during certificate verification and the said statement was denied by the petitioner by filing a reply affidavit, stating that the original certificates were produced at counter No.9 on the date of certificate verification. 6.The learned counsel for the petitioner would contend that the petitioner having enclosed the Xerox copies of the said certificates, there is no obstacle for the petitioner for producing the originals of the said certificates at the time of certificate verification and as such the statement made in the counter affidavit filed by the 1st respondent is not correct. It is contended by the learned counsel for the petitioner that as on date, even in the event of non availability of any vacancy, the petitioner could be considered for selection under the category of backlog candidate and he could have been inducted during the next selection process. https://hcservices.ecourts.gov.in/hcservices/ 3 7.Per contra, the learned Government Advocate would submit that the petitioner has secured 70 marks and the other selected candidates had secured 71 marks and as such, there is no illegality in selecting other persons. It is contended that the petitioner has not produced the original sports and NSS certificates on the date of certificate verification and as such the respondents have not given any marks to the said certificates. It is further contended that the selection process is already over and several persons coming from downtrodden families have been selected and after their selection, there is no question of selecting the petitioner for the said post. It is also pointed out by the learned Government Advocate that several candidates secured 71 marks hailing from the same community and hence, the selection was made on the basis of their date of birth and based on that persons were selected. 8.This Court carefully considered the rival contentions put forward by either side and perused the entire materials available on record. 9.The fact remains that even as per the admitted version of the respondents that the petitioner is eligible and qualified for seeking the relief of selection to anyone of the above said posts for the year 2010, it is the version of the petitioner that no marks were given for his sports and NSS certificates. On the other hand, it is stated in the counter affidavit field by the 1st respondent that the petitioner has not produced the originals of the said certificates on the date of certificate verification. But, this statement was emphatically denied by the petitioner by filing a reply affidavit, wherein, he has categorically stated that on 12.10.2010 he had produced all his original certificates at counter No.9, including sports and NSS certificates. The fact that it is not denied by the respondents that the petitioner has enclosed the Xerox copies of those certificates namely, sports and NSS certificates along with his application and such being the position, there cannot be any hindrance or obstacle for the petitioner to produce the original certificates at the time of certificate verification. 10.In view of the stand taken by the 1st respondent, it is made abundantly clear that the petitioner has not been given marks in respect of his sports and NSS certificates. For the aforesaid reasons, this Court is constrained to direct the petitioner to produce the original sports and NSS certificates before the 1st respondent within a period of 10 days from the date of receipt of the order copy of this Court and on receipt of the said certificates, the 1st respondent shall give marks in respect of sports and NSS certificates and pass orders within a period of 4 weeks from the date of receipt of the original certificates to be filed by the petitioner. 11.It is made clear that in the event of the petitioner securing more marks than that of the other candidates, then it is for the 1st respondent to select the petitioner for the above said https://hcservices.ecourts.gov.in/hcservices/ 4 post. It is further made clear that if the petitioner is not selected even after giving marks in respect of sports and NSS certificates then on the basis of the date of birth, the petitioner shall be treated as backlog candidate and he should be inducted during the course of next selection. 12.With the above direction the Writ petition is hereby disposed of. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Uniform Services Recruitment Board, P.T.Chengalvarayan Maligai, Anna Salai, Chennai-2. 2.The Director General of Police, Law and Order, Tamil Nadu, Dr.Radhakrishnan Salai, Chennai-4. Nbj ssk/22.11.2011 /3c-5p/- W.P.(MD)No.1988 of 2011 10.11.2011 https://hcservices.ecourts.gov.in/hcservices/