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Judgment
N. Paul Vasanthakumar, J.—Prayer in the writ petition is to issue a Writ of Certiorarified mandamus, calling for the records relating to the
respondent''s notification viz., Na.Ka. No. A1/2626/2006, which has been published in Dhinakaran Daily Newspaper dated 19.7.2006 and quash
its entire subsequent proceedings and consequently direct the respondent to re-value the marks for the production of other certificates (NSS and
Sports).
The Petitioner has completed B.L. Degree in the year 2004 and now he is practising as an Advocate before this Court and that he belongs to
scheduled caste community. The petitioner applied for the post of Sub Inspector of Police pursuant to the notification calling for applications for the
year 2006-2007. Petitioner was called for interview and he attended the interview on 4.7.2007. He has also produced NSS and sports
certificates. Petitioner states that he was selected for physical measurement test, endurance test and physical efficiency test and also attended viva-
voce. Petitioner further states that he had secured 12 marks in physical efficiency test, 56 marks in written test and 2 marks in viva-voce, and thus
he scored totally 70 marks.
The grievance of the petitioner is that even though he has produced NSS and sports certificates for which five marks are to be awarded under
the scheme of selection, no mark was awarded to the petitioner. The cut-off marks being 72 and the petitioner having been awarded 70 marks, if
the marks are awarded for NSS and sports certificates produced by the petitioner, he would definitely cross the required cut-off marks. Petitioner
further states that non-awarding of marks for NSS and Sports certificates is contrary to the notification issued.
From the certificates enclosed, it is evident that the petitioner is a Volunteer in the NSS Unit and had participated in the regular NSS activities
and also produced sports certificates issued by the Government Law College Madurai, including a Certificate of Merit issued for securing third
prize in the 100 metre event in the 5th Inter-Collegiate Sports & Games Meet, organized by the Government Law College, Madurai.
The learned Counsel appearing for the petitioner submitted that the petitioner having produced the NSS and Sports Certificates, as per the
notification, the respondents are bound to award marks and not awarding of marks for the same vitiates the entire selection process.
The learned Counsel for the respondent on instructions submitted that the respondent has evolved a procedure for awarding marks for NCC,
NSS and Sports/Games in the following manner:
Special Marks for NCC Marks
a) All India Best Cadet or State Best Cadet 1.5
b) Senior Under Officer or Under Officer or 1.0
equivalent with ''C'' Certificate
c) ''C'' Certificate with completion of 3 years 0.5
in Sr. Division (College) and/or participation
in National Programmes like R.D. Parade
in Delhi.
Special marks for NSS Marks
a) Winner of National NSS Award 1.5
b) Winner of Tamil Nadu State NSS Award 1.0
c) National Integration & Motivation Camps, 0.5
Inter-State Youth Exchange Programmes, etc.,
sponsored by the Department of Youth Affairs
& Sports/State Government.
Special Marks for Sports/Games Marks
a) For representing the country (India) 2.0
in an approved Game/Sports
b) For representing the State of Tamil Nadu 1.0
in the National Championship in an approved
Game/Sports.
c) For representing any University in the 0.5
All India Inter-University in an approved
Game/Sports.
List of approved Games and Sports
Basket Ball 8. Boxing
Foot Ball 9. Gymnastics
Hockey 10. Judo
Volley Ball 11. Weight Lifting
Hand Ball 12. Aquatics
Kabbadi 13. Athletics
Wrestling 14.Equitation
I have considered the rival submissions made by the learned Counsel appearing for the petitioner as well as the learned Special Government
Pleader appearing for the respondent.
Similarly placed candidates, who were not selected on the same ground, filed writ petitions in W.P. No. 14482 of 2007, etc., batch before the
Principal Bench at Madras and in paragraph 3 of the common order, the above said issue has been decided, which reads as follows:
The above facts will clearly establish that efforts have been taken by the Recruitment Board in awarding marks under each category. However,
the learned Counsels appearing for the petitioners submitted that instructions for special procedure for awarding marks have been created by the
Board members to non-suit the petitioners and similarly situated persons. Further, it has been submitted by them that when call letters specifically
states that the candidates who possessed NCC, NSS School and College certificates will be suitably rewarded with marks in the interview,
strangely, the special procedure for awarding marks had been drawn by the Board, later, which resulted in non-suiting the eligible candidates, who
possessed relevant NSS, NCC and Sports/Games certificates. The answer could be that when candidates possess certificates pertaining to NSS,
NCC, Sports/Games, the Recruitment Board has to evaluate a procedure for awarding marks for each of the certificates. Though, it has not been
set out in detail in the advertisement, after scrutinizing the certificates, the Recruitment Board would have given though to it and has evolved a
procedure for awarding marks depending upon whether it is issued by School/ College/State/International level. The said procedure adopted by
the Recruitment Board, at no stretch of imagination, could be assailed as a wrong procedure and has been done only to non-suit the petitioners and
similarly situated persons and to accommodate the persons of their choice. Hence, I am unable to countenance the said arguments of the learned
Counsels appearing for the petitioners.
I am also of the view that the said procedure adopted by the respondent, taking note of the number of applications received, cannot be treated as
unreasonable warranting interference by this Court. In fact, in the said order, the learned Judge considered the following issues:
(i) The written examination was not conducted properly and sought for cancellation of the written examination and conduct fresh examination;
(ii) 20% Departmental candidate quota was not published and selections have not been made for full 20% departmental candidate quota;
(iii) 10% earmarked for the wards of the police personnel was not published separately and that 10% reserved for dependents category has not
been filled up.
(iv) S.C. & S.T. quota has not been filled up as per the advertisement made.
(v) Absolutely, there is no transparency in the selection.
(vi) Marks have not been awarded for the sports certificates.
(vii) In the viva-voce, though answered well, they have been given less marks.
All the above issues were decided against the petitioners therein and the procedures adopted by the respondent were found valid and the writ
petitions were dismissed. I am in entire agreement with the said order of the learned single Judge.
In this case, the petitioner''s NSS and Sports certificates are not coming within any of the category mentioned above for awarding marks. Hence
the petitioner is not entitled to get any marks for the NSS and Sports certificates produced by him.
I do not find any merit in the writ petition and the same is dismissed. No costs. Connected miscellaneous petitions are also dismissed.