BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21/10/2009
CORAM
THE HONOURABLE MR.JUSTICE K.N.BASHA
W.P.(MD)No.5824 of 2009
and
M.P.(MD)No.1 of 2009
R.Deepak .. Petitioner
Vs.
1.The Chairman,
Tamil Nadu Uniform Service
Recruitment Board,
Chennai-2.
2.The Commissioner,
Sivagangai Municipality,
Sivagangai. .. Respondents
Prayer
Writ Petition filed under Article 226 of the Constitution of India for
the issuance of Writ of Mandamus, to direct the first respondent to consider the
petitioner's application for the post of Constable Grade-II along with the
Certificate issued by the second respondent as far as the petitioner's age is
concerned.
!For Petitioner ...Mr.D.Muruganantham
^For Respondent ...Mr.V.Rajasekaran
No.1 Special Government Pleader
For Respondent ...Mr.P.Srinivas
No.2
:ORDER
The petitioner has come forward with this Writ Petition seeking for the
relief of direction to the first respondent to consider his application for the
post of Constable Grade-II along with the Certificate issued by the second
respondent as far as the petitioner’s age is concerned.
2. Mr.D.Muruganantham, learned counsel for the petitioner submitted that
the petitioner being a competent and qualified person eligible for the post of
Constable Grade-II, he has applied for the said post. It is contended that the
certificate issued by the second respondent clearly established that the date of
birth of the petitioner is 30.10.1983. The learned counsel for the petitioner
further contended that as the date of birth of the petitioner was wrongly
entered in the Secondary School Leaving Certificate, the petitioner has been
constrained to approach this Court seeking for the relief of incorporating the
date of birth as issued by the second respondent herein. The Writ Petition
filed in W.P.No.9800 of 2009 is allowed today i.e. 21.10.2009 by this Court
directing the third respondent to incorporate the date of birth of the
petitioner as 30.10.1983. Therefore, it is submitted that the petitioner is
qualified and eligible to attend the interview for the selection to the post of
interview.
3. Heard Mr.V.Rajasekaran, learned Special Government Pleader appearing
for the respondents on the submissions made by the learned counsel for the
petitioner.
4. It is seen that this Court has allowed the writ petition in W.P.No.9800
of 2009 seeking for the relief as stated supra placing the reliance on the birth
certificate issued by the second respondent herein as per the provisions of
Registration of Births and Deaths Act, 1969 and Tamil Nadu Registration of
Births and Deaths Rules 2000 and held that the date of birth of the petitioner
is 30.10.1983 and as such, there is no dispute that the petitioner is eligible
for the post of Constable Grade-II in respect of the age and qualification.
5. Accordingly, the first respondent herein is directed to consider the
application of the petitioner for the post of Constable Grade-II on the basis of
the above said qualifications and eligibility.
6. With the above direction, the Writ Petition is allowed. Consequently,
connected Miscellaneous Petition is closed. There shall be no orders as to
costs.
DP
To
1.The Chairman,
Tamil Nadu Uniform Service Recruitment Board, Chennai-2.
2.The Commissioner, Sivagangai Municipality, Sivagangai.