Judgment :- 1. The present writ petition has been filed by the petitioner seeking the issuance of Writ of Declaration, declaring that the decision of the respondent – State of Tamil Nadu, dated 29.10.2012 to create "Tamil Nadu Youth Special Police Force" is null and void and directing the respondent to fill in all the vacant posts of Grade II Constable by means of a special drive recruitment and to create adequate number of posts of Grade II Constable in the State of Tamil Nadu. 2. On 29.10.2012, a statement has been made by the Hon'ble Chief Minister of Tamil Nadu under Rule 110 of the Tamil Nadu Legislative Assembly Rules on the floor of the Tamil Nadu State Legislative Assembly, which reads as follows: i. The Tamil Nadu Police is doing various essential duties like prevention of crime, traffic regulation, rescue operation during natural calamities, regulating crowd during festive seasons etc. ii. The strength of such an importance police force is 1,13,629. This is in the ratio of 1:635 citizens. Against such sanctioned strength only 82% of the posts are occupied. Hence, it has been ordered to fill up the 12,208 vacancies in Police Department through the Tamil Nadu Uniform Services Recruitment Board. iii. Following the aforesaid order, the Tamil Nadu Uniform Services Recruitment Board has conducted written test for Police Constables on 24.06.2012, and thereafter physical fitness test was conducted during August 2012 and the list of selected candidates was released on 12.10.2012. The 12,162 selected recruits have been undergoing medical test now. After the medical test, the candidates who have been selected have to undergo training for a period of seven months and then only, they can be taken for active duty. iv. Taking into consideration the above aspects, the increase in population and thousands of retirement of constables every year, it is essential to create a supporting force to assist the Police Force in certain aspects of police work. v. In order to facilitate the above, an announcement was made for creation of "Tamil Nadu Youth Special Police Force". vi. Persons, who are recruited under the said Force, would be utilised in regulating traffic, serving of Court summons, night patrolling and driving. vii. The recruitment of Tamil Nadu Youth Special Force would be conducted District wise by the District Superintendents of Police by making advertisements. vi. Persons, who are recruited under the said Force, would be utilised in regulating traffic, serving of Court summons, night patrolling and driving. vii. The recruitment of Tamil Nadu Youth Special Force would be conducted District wise by the District Superintendents of Police by making advertisements. Persons, who have completed 10th Standard and who are between the age of 18 and 30 are eligible to participate in the said test. viii. Successful candidates would be appointed in the Tamil Nadu Youth Special Police Force in the respective Districts. The members of the said Force would be paid a honorarium of Rs,7500/- per month during their training and duty. They will also be eligible for the facilities in stores meant for policemen. Besides this, they are eligible to draw essential commodities like rice, wheat, sugar, maida, dal etc. in subsidised rates. ix. Members of the Tamil Nadu Youth Special Police Force, who complete one year of satisfactory service, would be eligible for absorption to the regular vacancies in the constabulary. A particular percentage in the vacancies arising in the constabulary would be earmarked for members selected from the Tamil Nadu Youth Special Police Force. The Tamil Nadu Uniformed Services Recruitment Board will conduct special recruitment tests for this purpose. The list of selected candidates will be released by the Tamil Nadu Uniform Services Recruitment Board. Those who fail to clear this test will continue to work in Tamil Nadu Youth Special Police Force till they reach the age of 40. Beyond the age of 40, the Government of Tamil Nadu would make arrangements for their alternate employment. x. During the current financial year, a total number of 10,000 members of Tamil Nadu Youth Special Police Force will be recruited throughout the State. The examination for this purpose will be held during December 2012. Basic training for the successful candidates will be imparted in January 2013 and they will be employed for active duty before the end of this financial year. During 2013-2014, additionally 15,000 members will be recruited. According to the need, a total number of 50,000 will be recruited for the Tamil Nadu Youth Special Police Force every year. 3. Basic training for the successful candidates will be imparted in January 2013 and they will be employed for active duty before the end of this financial year. During 2013-2014, additionally 15,000 members will be recruited. According to the need, a total number of 50,000 will be recruited for the Tamil Nadu Youth Special Police Force every year. 3. According to the petitioner, since the aforesaid recruitment to the Tamil Nadu Youth Special Police Force is violative of Articles 14 and 16 of the Constitution, he came forward with the present writ petition, in public interest, for a declaration that the said decision of the respondent – State of Tamil Nadu is a nullity in the eye of law and he also sought for a direction to the respondent to fill in all the vacant posts of Grade II Constables immediately and to create adequate number of posts of Grade II Constables in Tamil Nadu. 4. We have heard the learned counsel for the petitioner and the learned Advocate General appearing for the respondent. 5. It is contended by the learned counsel for the petitioner that 12,162 Grade II Constables have been duly recruited by the respondent, who are undergoing medical test now and after seven months training, they would be utilised for active duty as Grade II Police Constables and it is incumbent on the part of the respondent-State, which is aware of the total sanctioned strength of Grade II Constables in the State of Tamil Nadu and the number of persons who would be retiring every year, to create adequate number of the posts of Grade II constables and to take active and timely steps to fill in all the posts so created and the failure on the part of the respondent to create such adequate posts to discharge the duties of the Police in accordance with law in time cannot be a ground for creating a Special Police Force on contract basis and the functions of the Police Force, being sovereign in nature, cannot be permitted to be performed by contract employees, as the employment on honorarium is nothing but an employment on contract and thus, it would be violative of Articles 14 and 16 of the Constitution of India. 6. 6. It is also the contention of the learned counsel for the petitioner that the Tamil Nadu Uniformed Services Recruitment Board is a speacialised body fully equipped to recruit the best to the Police, Fire and Rescue Services and Prison Departments and such functions, being performed by an independent body, cannot be given to the District Superintendents of Police, who are not experts in making recruitments to the police force. 7. It has also been argued on the part of the learned counsel for the petitioner that there is no justification whatsoever for creation of a separate class in the police force and in the absence of a specific provision in the Special Rules for the Tamil Nadu Police Subordinate Service for recruitment to Tamil Nadu Youth Special Police Force, the impugned decision is a nullity in the eye of law. 8. Finally, it is contended that since the speech made by the Hon'ble Chief Minister is in the nature of an order of the Government, it can be assailed under Article 226 of the Constitution of India. 9. In support of the aforesaid contentions, the learned counsel for the petitioner cited the decision of the Hon'ble Supreme Court reported in Secretary, State of Karnataka and others -vs- Umadevi and others {(2006) 4 Supreme Court Cases 1} and reliance was placed on the following:- "But sometimes this process is not adhered to and the Constitutional scheme of public employment is bypassed. The Union, the States, their Departments and instrumentalities have resorted to irregular appointments, especially in lower rungs of the service, without reference to the duty to ensure a proper appointment procedure through the Public Service Commissions or otherwise as per the rules adopted and to permit these irregular appointees or those appointed on contract or on daily wages, to continue year after year, thus keeping out those who are qualified to apply for the post concerned and depriving them of an opportunity to compete for the post." 10. On the other hand, the learned Advocate General appearing for the State of Tamil Nadu submitted that the statement of the Hon'ble Chief Minister made on the floor of Tamil Nadu State Legislative Assembly invoking Rule 110 of the Tamil Nadu Legislative Assembly Rules, is not amenable to writ jurisdiction. On the other hand, the learned Advocate General appearing for the State of Tamil Nadu submitted that the statement of the Hon'ble Chief Minister made on the floor of Tamil Nadu State Legislative Assembly invoking Rule 110 of the Tamil Nadu Legislative Assembly Rules, is not amenable to writ jurisdiction. It is also submitted that the said statement is the Policy decision of the Government, which is also not in violation of any law and even otherwise, the challenge made against such statement is not sustainable under law. 11. The learned Advocate General further submitted that the statement of the Hon'ble Chief Minister of Tamil Nadu is in the larger interest to protect the public good. Further, as per Sections 37, 38 and 39 of the Code of Criminal Procedure, the public are duty bound to help the learned Magistrates and it is for the Police Officials to prevent crime and to detect the same and the Tamil Nadu Youth Special Police Force is to be created only to help them and the general public. 12. It is also submitted by the learned Advocate General that the Special Police Force, which is to be constituted, is mainly to regulate the crowd and traffic, to serve summons issued by the Hon'ble Courts and for patrol purpose during night hours and to drive vehicles during patrolling and the said force is not discharging any police power. 13. Finally, it is contended by the learned Advocate General that the writ petition filed by the petitioner is premature, since as on date, no action has been taken in pursuance of the speech made by the Hon'ble Chief Minister and therefore, whenever action is initiated, the petitioner may be at liberty assail the correctness or otherwise of the said decision of the Government and for the aforesaid reasons, the writ petition filed by the petitioner is liable to be dismissed. 14. We have gone through the entire materials placed on record. 14. We have gone through the entire materials placed on record. It is seen from the perusal of the records that the petitioner, a practicing Advocate, has filed this Pro Bono Publico challenging the speech made by the Hon'ble Chief Minister on the floor of the Tamil Nadu State Legislative Assembly on 29.10.2012, with regard to the strength of Police and number of vacancies and to fill up the same, in order to regulate various activities by using the Tamil Nadu Youth Special Police Force in the interest of general public. 15. The petitioner has challenged the aforesaid speech on the ground that it is against the principles laid down by the Hon'ble Supreme Court in Uma Devi's case, referred to above, wherein the Hon'ble Supreme Court has deprecated this type of recruitment, as it is against the Constitutional Scheme of things. 16. It is to be pointed out at this juncture that the judgment relied on by the learned counsel for the petitioner, referred to above, deals with regularisation of persons, who are working either as NMRs or with regard to the temporary appointments or engaging workmen on daily wages. Whereas, in the present case on hand, there is no appointment made and there is no initiation of recruitment process for appointment of the abovestated force and it is only a statement made by the Hon'ble Chief Minister of Tamil Nadu on the floor of the Tamil Nadu State Legislative Assembly. Therefore, the above said judgment relied on by the learned counsel for the petitioner is not applicable to the facts and circumstances of the present case. 17. Moreover, as per Rule 110 of the Tamil Nadu Legislative Assembly Rules, a statement may be made by a Minister on a matter of public importance with the consent of the Hon'ble Speaker and there shall be no debate on such statement at the time it is made and the Hon'ble Minister desiring to make a statement under sub-rule (1) shall intimate in advance the date on which the statement is proposed to be made and also send a copy of the statement in advance to the Secretary for being placed before the Speaker. 18. Further, except making a statement in the Assembly, no rules or rugulations are framed governing the said recruitment. 18. Further, except making a statement in the Assembly, no rules or rugulations are framed governing the said recruitment. In view of the above, we are of the considered opinion that mere making a speech on the floor of the Tamil Nadu State Legislative Assembly by the Hon'ble Chief Minister of Tamil Nadu is itself not an order to be assailed, unless and until the statement of the Honb'le Chief Minister has become a law, rule or regulation. Till such time, the petitioner cannot assail the correctness of such speech. Moreover, it is a statement made within the purview of the Assembly proceedings. 19. Therefore, without going into the contention as to whether the speech made on the floor of the Tamil Nadu State Legislative Assembly by the Hon'ble Chief Minister can be questioned by this petitioner, since the speech made by the Hon'ble Chief Minister has not so far been formulated into any order, rule or regulation to be assailed, as submitted by the learned Advocate General, the writ petition can be held to be premature, as it is too early to comment or conclude anything with regard to the speech made by the Hon'ble Chief Minister with regard to creating a new force against the already established force. 20. Accordingly, the writ petition fails and the same is dismissed. Connected M.P. is closed. However, there will be no order as to costs.