K SATHISH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant was a candidate, who applied in response to the notification issued by the third respondent calling for applications for filing up the posts of Grade-II Police Constable, Grade-II Jail Warder and Firemen and Armed Reserve Men Constable for the year 2017. The appellant's father served as a Ministerial Staff in the Police Department who retired from service on 31.03.2016. The appellant wanted to be considered under the 10% quota meant for wards/Dependents. The appellant applied to the 5th respondent for issuance of wards/dependents certificate. Since the issuance of the said certificate was delayed, he applied under the general category. The appellant took part in the written examination as well as the physical tests. He scored 61 marks. This was below the cut off marks prescribed for the general category. Had the petitioner been issued with the ward/dependents certificate, he would have been selected against the 10% quota.

(2.) He therefore, moved the authorities again. By the impugned memorandum dated 16.02017, the appellant was informed that since his father had already retired and cannot be considered as a serving ministerial staff, it would not be possible to issue the certificate sought for by him. The stand of the department is that as per Rule 12 of TNPSS Rules 1953 and Rule 7(b) TNSPSS rules 1978 only ward/dependent of serving/retired/deceased or medically invalidated Police Personnel and ward/dependent of serving ministerial staff or Police department are eligible to apply under the ward/dependent quota. Since the father of the appellant is a retired ministerial staff, he would come under the said quota.

(3.) Questioning the said stand of the department, the appellant herein filed W.P.(MD)No.16909 of 2017. The said Writ Petition was dismissed on 07.09.2017 on the ground of delay and laches. Contending that the appellant was not at fault and that the issue must be decided on merits, this intra Court appeal came to be filed.