MR. V.KARTHI Vs. THE DIRECTOR GENERAL OF POLICE/CHAIRMAN, TAMIL NADU UNIFORMED SERVICE RECRUITMENT BOARD AND OTHER

JUDGEMENT

(1.) It appears that the petitioner had submitted his application for recruitment to the post of Gr-II PC, Jail Warden, Fireman in different wings of Tamil Nadu Police conducted by Tamil Nadu Uniformed Service Recruitment Board in the category of Scheduled Caste (Arunthathiyar), inasmuch as the petitioner has been denied though he secured more cut off mark of that category for non-furnishing of Community certificate while making on-line application. The petitioner as such taken as General Category candidate and wrote the examination and he having not secured the cut off mark of the said category, not selected for the next round of test i.e physical measurement test including physical endurance test and physical efficiency test. The petitioner has now come out with a case that since she belong to priority category of Scheduled Caste and also secured the cut-off mark in that category and non uploading of his own priority community certificate which he was in possession, the respondent be directed to include her name in the provisional list of selection for consideration to the next round of test in the priority category to which he belongs.

(2.) The learned counsel appearing for the petitioner, submits that the petitioner being admittedly belonging to Scheduled Caste (Arunthathiyar), so also in possession of such certificate and having applied in that category, he should have been considered in that category and called for certificate verification to participate in the next round of selection. In such premises, the petitioner has made the aforesaid prayer.

(3.) The learned Additional Advocate General appearing for the respondents, submits that the petitioner was given a second chance to upload the certificate, still the petitioner having not uploaded the required community certificate, he cannot be heard of saying that his non-inclusion in the Scheduled Caste category was illegal and arbitrary. As such, she cannot be considered as Scheduled Caste Category and hence, the writ petition being devoid of merit. The learned Additional Advocate General further, submits that sufficient number of candidates having been called in the ratio of 1:5 which is the norm prescribed and the petitioner on its own having not uploaded the community certificate, allowing the petitioner at this stage to participate in the second round of test by rectification of the defect, would cause prejudice to the last candidate included in the priority category to which the petitioner claims to belong inasmuch as, that would dislodge the last candidate included in the provisional list as the respondent has to prepare the provisional list in the ratio of 1:5. Since the last candidate included, has not been made a party to this writ petition, allowing the prayer of the petitioner without hearing the said candidate included in the list would be an affront to the principle of Audi alteram partem, a salutary principle of natural justice. Hence, the learned Additional Advocate General submits the petitioner deserves no sympathy.