M.PARTHIBAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) SINCE common issues were raised in all these Writ Petitions, they were heard together and they are disposed of by means of this Common Order.

(2.) ADMITTEDLY , the petitioners are all Ex-servicemen. The 2nd respondent issued Advertisement No.112, dated 'Nil' calling for applications from eligible candidates for direct recruitment to the posts of Grade-II Police Constables (Male/Female), Jail Warders (Male) and Fireman (Male). The petitioners applied for the said posts. In the written examination, they emerged successful. Thereafter, they were called for Physical Endurance Test. In the said test, the petitioners were declared as not qualified, as a result, they were rejected. Challenging the disqualification slips issued to them on 21.08.2012 in Rc.No.R.1/4344/2011, the petitioners have come up before this Court with these Writ Petitions.

(3.) IN the common counter in all these Writ Petitions, inter alia, it is pointed out by the respondents that Annexure-II to the Rules for Category 7 is strictly complied with. So far as the Ex-servicemen who have served as Drivers, Auto Mechanics, Auto Electricians and Armourers are concerned, they stand exempted from undergoing the Physical Measurement Test and Physical Efficiency Test. However, in view of the letter of the Principal Secretary to Government in Letter No.26129/Police-III/2009-7 dated 18.04.2011, the above exemption from undergoing Physical Measurement Test and Physical Efficiency Test was not given up in the case of the petitioners. It is also contended that since the petitioners, who are not otherwise qualified to participate in the competition, are coming within the field of competition by getting relaxation from the essential qualifications, they can not compete with the other candidates and they are eligible to be considered as against the 5% quota reserved for Ex-servicemen alone.