S.ALAGURAJ Vs. THE MEMBER SECRETARY

JUDGEMENT

(1.) S.Alaguraj who claims to be a candidate belonging to Scheduled Caste community and working as a Forest Guard with driving licence in the District Forest Office, Kodaikanal, has filed these writ petitions. In W.P(MD)No.1876 of 2015, the petitioner has sought for writ of a Certiorari, to quash the Advertisement No.1/2014 issued by the 1st respondent/Member Secretary, Tamil Nadu Forest Uniformed Services Recruitment Committee (TNFUSRC), Chennai, and also to consider him to the post of Forester on the basis of his application, by relaxing age limit. During the pendency of that writ petition, he has also filed another W.P(MD)No.12944 of 2016, seeking a writ of Mandamus, directing the 1st respondent to consider him to the post of Forester, as an in - service candidate, by permitting him to participate in the further selection process, pursuant to the notification given in Advertisement No.1 of 2014, dated 22.12.2014.

(2.) Learned counsel for the petitioner would submit that the 1st respondent issued an Advertisement No.1/14 dated 22.12.2014, calling for applications to the post of Forester in Tamil Nadu Forest Department and Tamil Nadu Plantation Corporation Limited, pursuant thereto, the petitioner submitted his application on 21.01.2015 and also made a representation to the 3rd respondent/District Forest Officer, Kodaikanal, as well as the Head of the Department seeking permission to appear for selection, accordingly, the petitioner was permitted to participate in the selection as an in - service candidate. As per the abovesaid Advertisement, the maximum age for appointment to the post of Forester is, 35 years for Scheduled Caste candidates as provided in the Special Rules for Forest Department, however, by virtue of the Tamil Nadu State and Subordinate Service Rules, maximum age limit shall not be applicable in respect of the persons belonging to Scheduled Caste.

(3.) Adding further, he would submit that apprehending that the first respondent would not consider his application, the petitioner filed W.P(MD)No.1876 of 2015, with an interim prayer to permit him participate in the written examination. This Court, considering the case of the petitioner, passed an interim order directing the 1st respondent to permit him to write the written examination scheduled held on 22.02.2015. Pursuant to the said order, the petitioner attended the written examination on 22.02.2015, but only in November 2015, the results were published. Since the cut off mark in respect of the scheduled caste candidates was fixed as 148.80 and the for candidates belonging to Schedule Caste Community(Sports) as 125.60 marks, the petitioner who had secured only 79.20, was not selected. In the meanwhile, he has come to this Court with the second Writ Petition(MD)No.12944 of 2016, seeking a direction to the 1st respondent to consider his candidature for the post of Forester as in -service candidate, by permitting him to participate in the selection, since 20% reservation has been given in favour of in -service candidates by the Tamil Nadu Uniformed Services Recruitment Board in the abovesaid Notification.