V SANKAR Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS writ petition is directed against the order of the respondent dated 30.11.2004 by which the respondent has informed the petitioner that his appointment as Fireman for the year 1999-2000 cannot be considered on the ground that he was found disqualified in Physical Measurement Test/Physical Efficiency test on 17.4.2000 and subsequently, he was marked absent on 17.4.2000 and again, he was allowed to attend the recruitment process on final day i.e, 24.4.2000 and got selection provisionally by back door entry for Medical Examination and Police Verification. Therefore, as per the impugned order, it is the case of the respondent that a discrepancy has been found in the selection process relating to the petitioner, that is branded as back-door entry and in view of the same, selection of the petitioner has not been given effect to under the impugned order.

(2.) THE facts leading to passing the impugned order and the consequent filing of the writ petition are as follows: THE petitioner had applied for appointment to the post of Fireman for the year 1999-2000. It is seen that by communication dated 25.3.2000 sent by the Tamil Nadu Uniformed Services Recruitment Board, the petitioner was directed to appear on 18.4.2000 for the Physical Measurement Test/Physical Efficiency Test. It is the case of the petitioner that he got selected in the Physical Measurement Test/ Physical Efficiency test on the said date, and thereafter, he was called for a written examination on 5.6.2000 in which also he had passed. That was followed by an oral interview on 29.8.2000 in which also he was declared to have passed. Subsequently, the petitioner was called for a medical test on 16.10.2000 and in that also, he was found fit. On 19.10.2000, there was a police verification in which also there was no difficulty for him. However, the petitioner was not selected in spite of his having undergone all the above said tests. He made a representation on 12.11.2001 by registered post, but there was no reply. He approached this Court by filing W.P. No. 25946/2004 in which this Court, by order dated 13.9.2004, directed the respondent to consider the representation of the petitioner dated 12.11.2001. Pursuant to the said direction, the respondent has passed the present impugned order.

(3.) IN the counter affidavit filed by the respondent, it is stated that in Tirunelveli Centre, four candidates were initially disqualified in Physical Measurement Test/Physical Efficiency Test and subsequently shown as absentee on 17.4.2000, which included the petitioner also, were again allowed to attend the Physical Measurement Test/Physical Efficiency Test on the final day, i.e., 24.4.2000 and they got provisionally selected through backdoor entry for Medical Examination and Police Verification in collusion with some of the officers. The averments found in Paragraph 4 of the counter affidavit are not only contradictory, but also cannot be believed by any normal person and it is extracted hereunder: -With regard to averments made in para 3, it is submitted that the respondent Board had notified for the recruitment of Firemen for the year 1999-2000. The recruitment process consists of Physical Measurement Test, Physical Efficiency Test, Written Test, Viva-voce, Medical Examination and Police Verification. Each test is a qualifying stage of the test to move to the next stage of test. IN Tirunelveli Center four candidates who were initially disqualified in Physical Measurement Test/Physical Efficiency Test and subsequently shown as absentee on 17.4.2000 were again allowed to attend the Physical Measurement Test/Physical Efficiency Test on the final day, i.e, 24.4.2000 and got provisionally selected through backdoor entry for Medical Examination and Police Verification. On receiving reports of malpractices by the erring officers in allowing the four candidates to appear for the second time for PMT/PET, an enquiry was ordered. On receipt of the enquiry report the Board has taken a decision to disqualify them besides to take disciplinary action against the erring officers who were responsible for the above malpractices vide the Board-s Proceedings C.No. A1/1100/99 dated 29.05.2001, the four candidates were disqualified. The petitioner Tr.V. Sankar is one among the disqualified candidates."