IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2010
CORAM:
THE HONBLE MR. JUSTICE K.CHANDRU
W.P.No.7697 of 2010
& M.P.No.1 of 2010
1 SANTHOSH KUMAR [ PETITIONER ]
Vs
1 THE CHAIRMAN
TAMIL NADU UNIFORM SERVICE RECRUITMENT BOARD
ANNA SALAI, CHENNAI-2.
2 THE SECRETARY TO GOVERNMENT OF
TAMIL NADU (HOME DEPARTMENT)
SECRETARIAT
FORT ST. GEORGE, CHENNAI-9.
[ RESPONDENTS ]
Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to recruit the petitioner for the post of Sub-Inspector of Police by awarding 3 Marks for the Question Nos.11 38 and 44 in the Question Paper provided for conducting the written Examination for the Recruitment of the Sub-Inspector of Police and also by awarding additional marks to Viva-Voce to the petitioner herein.
For Petitioner :: Mr.M.Sathish Kumar
For Respondents :: Mr.N.Senthil Kumar, A.G.P.
O R D E R
Heard both sides.
2. It is admitted by both sides that the subject matter of the writ petition is covered by a judgment of this court in A.Eswaramorthy and others v. Secretary to Government, Home (Police IV) Department, Fort St. George, Chennai-9 made in W.P.No.4509 of 2009 batch and in paragraph No.24 of the said judgment, this court gave the following directions.
“24. Hence after taking into consideration of the above said factual and legal position, this court is of the opinion that it is a fit case where the following directions will have to be issued:
(i) The respondents are directed to prepare a list of all the unselected candidates who have answered question No.11 with option No.(D), question No.38 with all the answers and question No.44 with option No.(A) and grant marks accordingly.
(ii) The respondents are directed to take the cut-off marks fixed for the selection made in the written examination as the basis for respective categories for the consideration of the non-selected candidates who would get higher marks in pursuant to he directions given by this Hon’ble Court.
(iii) The respondents are directed to conduct viva-voce test for those candidates who come within the cut-off marks in pursuant to the granting of higher marks in the written examinations.
(iv) The respondents are directed to take into consideration of the marks obtained in the interview of those unsuccessful candidates who have already attended the interview and who would be getting additional marks.
(v) the respondents are directed to consider the candidates who would become eligible to be selected in view of the directions of this Hon’ble court by adding the marks due to them in the available vacancies, in the respective categories as on the last date of te interview conducted.
(vi) For the future examinations, the second respondent is directed to verify the key answers immediately after the written examination is over and publish the same in the website of the second respondent as well as in any one of the newspapers.
(vii) The second respondent is also directed to publish the marks obtained by the candidates in the written examination after the evaluation of the written examination in the website of the second respondent.
(viii) In so far as the petitioner in W.P.No.9189 of 2009 is concerned, the respondents are directed to consider the seniority of the petitioner based upon he revised mark by taking into consideration of the marks to be awarded for the right answer in accordance with law.
3. In the light of the same, the petitioner is also entitled to have the same direction given by this court cited above.
4. The writ petition is disposed of accordingly. No costs. The connected Miscellaneous Petition stands closed.
16.04.2010
Index:Yes/no
Internet:Yes/no
ajr
To
1 THE CHAIRMAN
TAMIL NADU UNIFORM SERVICE RECRUITMENT BOARD
ANNA SALAI, CHENNAI-2.
2 THE SECRETARY TO GOVERNMENT OF
TAMIL NADU (HOME DEPARTMENT)
SECRETARIAT
FORT ST. GEORGE, CHENNAI-9.
K.CHANDRU,J
ajr
W.P.No.7697 of 2010
16.04.2010