STATE OF TAMIL NADU Vs. A ELANGOVAN

JUDGEMENT

(1.) THE present writ petition has been filed by the State of Tamil Nadu, represented by its Secretary, Home Department, the Director General of Police and the Chairman of Tamilnadu Uniformed Services Recruitment Board against the order dated 11.7.2002 passed by the Tamil Nadu Administrative Tribunal in O.A.No.6443 of 1998 allowing the said application filed by the Respondent No.1 and directing the present petitioners to give posting to the present Respondent No.1 as Sub-Inspector of Police.

(2.) THE facts giving rise to the present writ petition are as follows :- THE present Respondent No.1 was serving under the present petitioners as Constable and in course of time, he became Grade-I Constable. THE post of Sub-Inspector of Police is filled up by direct recruitment and also by promotion. Initially, the Head Constables were eligible to be promoted, but subsequently, the State Government introduced a scheme under which Head Constables and Grade-I constables become eligible to be appointed as Sub-Inspector on the basis of selection on merit. Such principle has been laid down by the Government in G.O.Ms.No.1054 Home (Police.III) Department dated 13.7.1995. Such G.O., provided that direct recruitment of Sub-Inspectors of Police should be filled up at 80% from open market and 20% from serving police personnel in all three categories. It was provided :-

(3.) WE have already extracted paragraph 4 of G.O.Ms.No.1054, which clearly indicates that the Tamil Nadu Uniformed Services Recruitment Board shall follow the prescribed norms and procedures adopted in the direct recruitment selection of Sub-Inspectors. G.O.Ms.No.603 (P & AR) dated 12.6.1985 lays down the procedure for such direct recruitment. As per the aforesaid G.O., the State Services constitute technical and non-technical posts. Tamil Nadu Police Service comes under Non-Technical category. Paragraph 6 of the aforesaid G.O., prescribes that when direct recruitment has to be made to the services, it shall be made on the basis of a competitive examination comprising a written test and an oral test. Under paragraph 7 it has been prescribed that for the purpose of the examination, the services classified as non-technical had been grouped in different Groups and the Tamil Nadu Police Service comes under Group-I. As per paragraph 8(a), in the case of services included in Group I, the competitive examination will comprise a written test and an oral test of the standard mentioned in Annexure-I(b). Annexure-I relates to Group I Services concerning Bachelor Degree Standard prescribes different subjects.