Title: M. Navaneetha Krishnan Vs. The Chairman, Tamil Nadu Uniform Services Recruitment Board.
Decided On: September 14, 2023.
W.A.(MD)No.1351 of 2023.
Coram: Hon’ble Mr. Justice D. Bharatha Chakravarthy.
Facts:
The Government of Tamil Nadu issued notification for the post of Fireman in Category-5 in Fire Subordinate Service. Recruitment to the said post is governed by the Rules framed under the proviso to Article 309 of the Constitution of India, which are known as Tamil Nadu Fire Subordinate Service Rules, as per which, the post is to be filled up by way of direct recruitment. The petitioner considering himself fully qualified to be appointed to the said post submitted an application in April 2019. Pursuant to the application, the appellant was allowed to participate in the selection process and based on his marks in the written examinations, physical examination etc., the appellant was selected for the said post and his name figures in the select list of 191 persons selected for the said post. However, even though 178 out of 191 selected persons were sent for training with effect from 07.07.2020, the appellant was not called for training. Upon enquiry, the appellant was informed that on account of his antecedents being involved in criminal cases, he was not being sent for training. Therefore, the appellant made a detailed representation to the respondents on 16.07.2020. Upon the said representation, the impugned order dated 27.07.2020 was passed communicating the reasons for his nonappointment. The impugned order states that an adverse police verification report regarding character and antecedents have been received in the case of the appellant that two cases namely a case in Manamadurai Police Station Crime No.188 of 2010 for offences under Sections 147, 148, 341, 323, 325, 307 and 302 of IPC and Manamadurai Police Station Crime No.294 of 2019 for the offences under Sections 294(b), 323, 342 and 506(1) of IPC. On account of the said adverse report, the appellant was informed that he could not be appointed as Fireman. Challenging the same, the present writ petition is filed.
Legal Analysis and Decision:
The Court held that while assessing the character and antecedent, since both cases have been taken and a decision has been arrived at, and since we have held that one of the cases that is Crime No.188 of 2010, in which, the petitioner is said to have involved in the offence when he was a juvenile, cannot be taken into account at all, we are unable to sustain the order impugned in the writ petition and consequently the order of the learned Single Judge cannot be upheld. The Court had given certain directions.
- The order passed by the learned Single in W.P.(MD)No.11110 of2020, dated 24.03.2022 shall stand set aside.
- The order of the second respondent dated 27.07.2020 impugned inthe writ petition is set aside.
- The first and second respondents through the concernedcommittee shall review the case of the appellant by considering the case in Crime No.294 of 2019 alone and shall independently take a decision as to the suitability of the petitioner with reference to the Rules in force as on the relevant date.
- Needless to say that if the petitioner is found eligible, he shall beforthwith appointed and be included in the next batch of training in which case, the petitioner will be entitled for all the benefits from the date of However, his seniority will be on the bottom of the batch in which the petitioner was selected.
- If the committee still finds the petitioner is ineligible, the said ordershall be duly communicated to him.
- The entire exercise shall be carried on within a period of threemonths from the date of receipt of the copy of this Order.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.
