SECRETARY TO GOVT OF TAMILNADU Vs. V MAHENDRAN

JUDGEMENT

(1.) T.S.SIVAGNANAM, J. The Government of Tamil Nadu and the Tamil Nadu Uniformed Services Recruitment Board are the appellants in this appeal. This appeal is directed against the order passed in W.P.No.270 of 2009, dated 12.08.2009.

(2.) The third appellant conducted selection for the post of Grade-II Police Constable and a notification dated 12.03.2009 was published calling for applications from eligible candidates. In the notification, 10% of the vacancies were reserved to be filled up from dependents of serving Police Personnel including Ministerial Staff and the Wards/dependents of retired, deceased and medically invalidated Police Personnel, provided that 10% of the above 10% quota shall be filled up from among the dependents of the serving Ministerial Staff.

(3.) The respondent/writ petitioner submitted his application seeking benefit of the Special Reservation under Wards category by stating that his father Mr.R.Vellaichami is a senior photographer in the Police Department and therefore, he is eligible to be considered under the Special Reservation Quota. Since, the respondent/writ petitioner's application was not considered, he filed W.P.No.270/2009, praying for a writ of Mandamus to direct the appellants herein to consider the claim for the post of Grade II Police Constable under the Special Reservation category. During the pendency of the writ petition, the first appellant by letter dated 12.02.2009, stated that the writ petitioner does not fall under the category of serving or retired Police Personnel of the Police Department as noted in G.O.Ms.No.834, dated 10.09.2001 and is not eligible for recruitment under the 10% wards quota. Therefore, the respondent/writ petitioner sought for amendment of the prayer in the writ petition and this Court by order dated 12.08.2009, permitted the amendment of the prayer into one of writ of Certiorarified Mandamus to quash the letter dated 12.02.2009 and to consider the claim of the respondent/writ petitioner for the post of Grade II Police Constable under the Special Reservation category. (Wards Quota).