CHANDRASEKARA PANDIAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) BOTH petitioners, who are unsuccessful candidates to the post of Sub Inspector of Police, challenge the order of Tamil Nadu Administrative Tribunal dated 21-9-1998 in these two writ petitions.

(2.) THE main grievance of the petitioners is that the selection based on G. O. Ms. No. 1054-Home-Police III Department dated 13-7-1995 and relaxation of Rule 14 of the Special Rules for Tamil Nadu Police Subordinate Services in G. O. No. 134 Home Department dated 31-1-97, in respect of selection of 66 candidates by relaxing their height is bad and illegal. In view of the limited issue raised, there is no need to refer all the factual details as stated in their respective affidavits. However, it is seen that both the petitioners joined the service of the Police Department as Grade-II Police Constable on 15-9-1978 and was promoted as Grade-I Police Constable on 6-12-94. The Secretary to Government, Home (Police Department), Chennai-9/1st respondent herein, by its G. O. Ms. No. 1054 dated 13-7-1995, announced reservation of 20 per cent posts in the quota of direct recruitment to the post of Sub Inspector of Police from the Head Constables/police Constables in Grade-I and ordered recruitment on the same lines as applicable to direct recruitment with the exemptions viz. , medical test and police verification. The academic qualification was that the HC/pc should be graduates with 5 years of service without any punishment. Besides this, the HC/pc must also conform with the physical fitness, physical measurements, etc. , provided under the rules for direct recruitment besides taking up written test and interview. The candidates who are qualified should pass the physical verification test to be eligible for written test. The successful candidates in the written test should be called for interview.

(3.) IT is brought to our notice that based on the recommendation of the Director General of Police in order to fulfil the aspirations of the personnel working as Grade I constables, who are otherwise having required qualification, the Government in G. O. Ms. No. 134-Home-Pol. III Department dated 31-01-1997 had relaxed Rule 14 of the Special Rules for Tamil Nadu Police Subordinate Services with regard to height requirement from 170 centimetres to 168 centimetres for providing an opportunity of promotion to the 66 departmental candidates (Head Constables and Police Constables) because for selection of the Police Constables, the minimum height was 168 centimetres only. Mrs. Chita Sampath, learned counsel appearing for the petitioner in both cases, vehemently contended that the selection authority is not justified in relaxing the height requirement to certain percent namely from 170 c. m. to 168 c. m. and this aspect was not properly considered by the Tribunal; hence prayed for intervention by this Court.