IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.09.2010 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.45203 of 2006 (O.A.No.4212 of 2000) G.Viswanathan ... Petitioner Versus 1.The Tamil Nadu Uniformed Services Recruitment Board, Rep. by its Chairman, Chennai-20. 2.The Director General of Police, Chennai-600 004. 3.The Deputy Inspector General of Police (Training) Police Training College, Ashok Nagar, Chennai-83. 4.The Principal, Temporary Police Training College, Veerapuram, Chennai-600 055. ... Respondents Prayer: Writ petition came to be numbered by transfer of O.A.No.4212 of 2000 on the file of the Tamil Nadu Administrative Tribunal praying to call for the Records of the 3rd Respondent in Rc.No.A1/1653/14644/99 dated 05.06.2000 and quash the same and direct the Respondents herein to admit the Applicant in the Second Batch of Training to the Post of Sub-Inspector of Police. For Petitioner : M/s.Muthumani Doraisami For Respondents : Mrs.Lita Srinivasan, G.A. ORDER
The petitioner applied for selection to the post of Sub-Inspector of Police for the year 1997-98. He came out successfully in the written examination conducted on 19.07.1998. He was asked to appear for Personal Interview on 01.12.1998. He came out successfully in the interview also. He was called for Medical Test on 08.02.1999. He was declared medically fit in the Medical Test. He was selected as Sub-Inspector of Police by an order dated 23.03.1999. He was informed that he would be sent for training in the Second Batch of Training.
2.By the proceedings dated 05.05.2000, the 2nd respondent directed the petitioner to report before the Principal, Temporary Police Training College at Veerapuram, Chennai 600 055 on 21.05.2000 with his Identity Card and all Original Documents relevant to educational qualification and Community Certificate.
3.The petitioner belongs to ST community. He was selected under the ST quota. But he did not have the Community Certificate. He applied for the same before the concerned Revenue Divisional Officer on 26.12.1999. Based on his application, he was called for enquiry by the Tahsildhar in his letter dated 09.03.2000 and enquiry was pending before the Tahsildhar. He did not report for training. Whileso, the show cause notice dated 05.06.2000 was issued asking him to show cause as to why his name should not be removed from the list of selected candidates, as he did not report for training. The petitioner filed OA.No.4212 of 2000 (W.P.No.45203 of 2006) to quash the show cause notice.
4.Heard Mr.Muthumani Doraisami for the petitioner and also Mrs.Lita Srinivasan, Government Advocate for the respondents.
5.The learned counsel for the petitioner submits that since he did not have the Community Certificate he did not appear for the training. He submits that even as on today he is not in possession of the certificate.
6.The learned Government Advocate submits that he was selected under the ST quota and is not eligible in general category.
7.I have considered the submissions made on either side. The petitioner applied for the selection to the post of Sub-Inspector of Police for the year 1997-98. He appeared for the written examination for the year 1997-98. But he applied for the Community Certificate only on 26.12.1999. He was not in possession of the Community Certificate when he was directed to appear for training. If he is not able to produce the Community Certificate, the respondent has no option except to cancel the selection, as he was selected under the ST quota.
D.HARIPARANTHAMAN, J.
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8.Hence, there is no infirmity in the impugned show cause notice. Further normally writ petition is not maintainable against show cause notice. It is not the case of the petitioner that the show cause notice was issued without jurisdiction. For all the aforesaid reasons, the writ petition is dismissed. No costs.
21.09.2010
Index:Yes/No
Internet:Yes/No
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To
1.The Tamil Nadu Uniformed Services Recruitment Board,
Rep. by its Chairman, Chennai-20.
2.The Director General of Police, Chennai-600 004.
3.The Deputy Inspector General of Police (Training)
Police Training College, Ashok Nagar, Chennai-83.
4.The Principal, Temporary Police Training College,
Veerapuram, Chennai-600 055.
W.P.No.45203 of 2006
(O.A.No.4212 of 2000)
21.09.2010