S. Palani, S/o. Sakkaravarthy v. Chairman, Tamil Nadu Uniformed Service Selection Committee
2010-02-12
T.S.SIVAGNANAM
body2010
DigiLaw.ai
Judgment : With the consent of counsel on either side, the writ petition is taken up for disposal. 2. The prayer in the writ petition is for a mandamus to direct the respondent to add 2 marks, one for N.C.C and one for sports and consequently to direct the petitioner for medical fitness examination for Grade II Police Constable for the year 2009. 3. The petitioner applied for the selection to the post of Grade II Police Constable pursuant to the advertisement issued by the respondent in Advertisement No. 1 of 2009. According to the petitioner, he has enclosed all the requisite documents for the purpose of securing additional marks which are assigned for NCC/NSS/Sports, the petitioner enclosed 2 certificates namely, 1) certificate issued by the Deputy Director General National Cadet Corporations, Salem, certifying that the petitioner has passed the certificate ‘A’ examination held in 1997 issued under the authority of Ministry of Defence, Government of India, and the petitioner has secured grade ‘B’. 2) the other certificate is for sport which has been certified by the Tamil Nadu State Volleyball Association, affiliated to Volleyball Federation of India & Tamil Nadu Olympic Association, that the petitioner who hails from Dharmapuri District has participated in the senior Inter-District Championship 2003. The certificate has been signed by the President and General Secretary of the association. Based on these 2 certificates, the petitioner was confident of securing 2 additional marks and since the petitioner had secured 55 marks in the written test conducted for the said post and 15 marks far physical education test the petitioner was confident of being selected since he would have secured 72 marks and the cut-off marks for Schedule Caste candidates was 70.50, However, to the utter shock of the petitioner, he was not selected and therefore he has come up with the present writ petition before this Court. .4. The learnedAdditional Government Pleader based on written instructions would submit that the petitioner did not produce the original NCC certificate at the time of verification which was conducted on 112. 2009. However, it is submitted that the certificate issued by the Tamil Nadu State Volleyball Association does not qualify the petitioner for considering him under the sports quota. The notification which is in the nature of the prospectus is the rule governing the selection process.
2009. However, it is submitted that the certificate issued by the Tamil Nadu State Volleyball Association does not qualify the petitioner for considering him under the sports quota. The notification which is in the nature of the prospectus is the rule governing the selection process. The following conditions of the notification would be relevant for the purpose of this case. .TAMIL 5. In terms of condition 4(a)(ii) if a candidate possess NCC certificate with ‘B’ grade, he is entitled to 1 additional mark. In terms of condition 4(E)(ii)(AA) if a candidate has represented a District in an Inter-District tournament, he would be entitled for 1 mark therefore it is the petitioner’s contention that he is entitled for 2 additional marks. However, it is to be noted that there is no specific format of certificate is given in the notification. 6. Even if there is a format it is to be noted that the petitioner has produced the certificate along with his application, issued by the Tamil Nadu State Volleyball Association which is affiliated to Volleyball Federation of India and Tamil Nadu Olympic Association. The certificate also clearly establishes that the petitioner hade participated in the Inter-District tournament. 7. If that be the case, the respondent are not justified in not taking into consideration of the said certificate. In my view, the petitioner is entitled to the benefit of one mark as he has participated in Inter-District tournament, representing Dharmapuri District. In respect of the NCC certificate, the petitioner has enclosed a Photostat copy of the certificate along with application. In the application form also the petitioner has made relevant entry in serial No. 15, under the list of enclosures. In serial No. 4, the petitioner has mentioned that he has enclosed the I certificates. That apart, the original application form produced before Court also established that the Photostat copy of the NCC certificate has been enclosed. The case of the respondent is that during the certificate verification conducted on 112. 2009, the petitioner failed to produce the original NCC certificate. However, in the original application form which was produced before this Court, there was no such endorsement made by the appropriate authority and the only document produced before Court is a sheet of paper containing the number and names of 14 persons and signed by the P.A to the Deputy Superintendent of Police.
However, in the original application form which was produced before this Court, there was no such endorsement made by the appropriate authority and the only document produced before Court is a sheet of paper containing the number and names of 14 persons and signed by the P.A to the Deputy Superintendent of Police. By relying on this list, the respondents would contend that only 14 candidates produced the NCC certificate and the petitioner did not produce the same. 8. In my view, the stand taken by the respondent is very hard to be believed by stating that the original of the NCC certificate was not produced at the time of verification. In any event, the NCC certificate is not a certificate based on which the petitioner eligibility is decided or on the basic the selection is conducted, any by producing such certificates the petitioner would be entitled to additional marks. .9. In fact, the Hon’ble Division Bench of the Madurai Bench of Madras High Court, considered a case where the candidate did not produce the community certificate. After considering all the factual aspect in the matter the Hon’ble Division Bench held as follows (2010) 2 MLJ 146 at p. 149 of MLJ: .“8. Insofar as the later kind of certificates are concerned, for entertaining the application, these certificates, which relate only to special qualifications or consideration, are not that much material. Even in the absence of these certificates, the applications are to be entertained and when the question of considering the special qualifications or status arises, it would be suffice, if the certificates are made available to the Commission. For example, if a candidate claims that he/she is entitled for being considered under the quota reserved for Schedule Tribe Community end if the required Community Certificate is not produced, his/her application cannot be rejected, but instead he/she has to be treated under the open quota. For any reason, if such a Community Certificate is produced before the date of finalization of the provisional selection list based on the cut off marks secured in the written examination, in our opinion, the same would be suffice.” 10.
For any reason, if such a Community Certificate is produced before the date of finalization of the provisional selection list based on the cut off marks secured in the written examination, in our opinion, the same would be suffice.” 10. The Hon’ble Division Bench after discussing the legal aspect of the matter came to the conclusion that the appellant there under could not produce the community certificate before the provisional select list was finalized for the reason that the Revenue Authority had unduly delayed the issuance of the community certificate to the petitioner. Accordingly, the Hon’ble Division Bench declined to interfere with the order passed by the learned single Judge of this Court in W.P.No. 6252 of 2008 which was allowed by the learned single Judge. 11. In my view, the ratio of the said order would fully7 apply to the present case. In fact, the petitioner herein has already enclosed the Photostat copies of the certificates and has secured the minimum eligible marks in the written test and therefore, I am of the considered views that the petitioner is entitled to succeed. Accordingly, the writ petition is allowed as prayed for and the respondent is directed to accord two marks, one for NCC certificate and one for the Inter-District Sports meet, and consider the petitioner for medical fitness examination for selection to the post of Grade II Police constable within a period of one week from the date of receipt of a copy of this order. Consequently, connected M.P. No.1 of 2010 is closed.