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Madras High Court · body

2012 DIGILAW 2610 (MAD)

C. Venkatesan v. Director Geneal of Police & Chairman

2012-06-22

VINOD K.SHARMA

body2012
Judgment :- 1. The State of Tamil Nadu invited applications for recruitment to the post of Police Constable Grade-II. The petitioner, being eligible applied for recruitment as Police Constable against the post reserved for Scheduled Tribes. 2. The petitioner was called for physical test, which he qualified, thereafter, was subjected to the written test and interview. On being selected, the petitioner was sent for medical examination, where he was declared 'medically fit'. In pursuance to the selection, the petitioner should have been issued appointment letter and sent for training, but instead thereof, the respondents wrongly sent the community certificate of petitioner to the District Collector, Dharmapuri for verification. 3. The District Collector was not the competent authority to verify the community certificate, therefore, no action was taken on the letter issued for verification of community certificate. Inspite of non action by the District Collector, the respondent nos.1 & 2 did not take any step to issue appointment letter to petitioner, subject to verification of the community certificate. 4. In the counter filed, the selection of petitioner is not disputed. It is also not disputed, that the community certificate of petitioner was sent to the District Collector, Dharmapuri for verification, who failed to verify it. The action of respondents, therefore, on the face of it is arbitrary, thus, amounts to colourable exercise of power, and shows callous attitude towards right of citizen. 5. In a welfare State, it is not open to the Officers of the State to act in such a callous manner with the right of citizen of the country, as it is not easy to get a job now-a-days. A person, duly selected for appointment, has been denied appointment on totally irrelevant consideration and careless attitude. 6. Once the community certificate was attached with the application, the petitioner should have been given appointment, subject to verification of his certificate. It was not open to the respondents to deny appointment. The petitioner has been waiting for his appointment for more than 11 years, but till date, the respondents have not verified his community certificate, though this writ was filed in 2002. The action of the respondents can safely be said to be arbitrary, thus, hit by Article 14 of the Constitution. The petitioner has been waiting for his appointment for more than 11 years, but till date, the respondents have not verified his community certificate, though this writ was filed in 2002. The action of the respondents can safely be said to be arbitrary, thus, hit by Article 14 of the Constitution. The petitioner has been successful in proving that his legal right has been infringed and that the respondents have failed to perform their legal obligation inspite of demand, which entitles the petitioner the relief claimed. 7. Consequently, this writ petition is allowed. A writ in the nature of Mandamus is issued, directing the respondents, to issue appointment letter to the petitioner forthwith and in any case not later than 15 days of the receipt of a certified copy of this order. 8. The petitioner shall also be entitled to the cost of this writ petition, which is assessed as Rs.50,000/- (Rupees Fifty Thousand only), keeping in view the fact that petitioner has been denied public appointment for almost 12 years.