The Hindu : Tamil Nadu / Chennai News : Zone-wise selection of SIs illegal: Court

Online edition of India's National Newspaper
Friday, Mar 04, 2005

Tamil Nadu

Tamil Nadu - Chennai

Zone-wise selection of SIs illegal: Court

By Our Staff Reporter

CHENNAI, MARCH 3. The Madras High Court has declared the zone-wise selection of Sub-Inspectors illegal, and added that the continuation of 53 SIs, out of 881 selected in 1998, in service is subject to the outcome of criminal cases against three selection committee members.

A Division Bench, comprising Justice P.K. Misra and Justice F.M. Ibrahim Kalifulla, was passing orders on a batch of writ petitions filed by the State Government, the Tamil Nadu Uniformed Services Recruitment Board, and others challenging a May 2002 State Administrative Tribunal order.

The matter pertains to a State notification inviting applications for 1,000 SI posts available for the year 1997-98. The final orders of appointment were sent to 881 candidates.

The selection was attacked on two grounds — malpractices in the award of marks and zone-wise selection.

In its order, the Bench referred to a probe by the Directorate of Vigilance and Anti-Corruption wing of the State police, and said the agency had found 53 ineligible for appointment, while 10 other eligible candidates were deprived of selection.

"It will have to be held that though their appointments cannot be set aside, their continuation in service will depend upon the ultimate outcome of the criminal proceedings pending against three members of the erstwhile selection committee and a past employee of the Recruitment Board."

Directive to Government

The Bench directed the State Government to take steps against the officers concerned in accordance with the Tamil Nadu Pension Rules, based on the outcome of the criminal proceedings against them.

As for the zone-wise selection of the SIs, the Judges, quoting the Supreme Court rulings, said such a selection was "impermissible" as it would result in less meritorious candidates being selected in one zone and candidates more meritorious than them losing their chances in another zone.

The Judges, rejecting the Advocate-General, N.R. Chandran's submission that the Supreme Court ruling could not be applied to a Statewide selection as the matter in question pertained to nationwide selection, said: "There is no scope to differentiate between a State service and Central service."

Further, the April 1998 notification did not contain any specific stipulation that the selection would be on a range-wise basis.

"In the absence of a specific rule in the Special Rules for Tamil Nadu Police Subordinate Service, the action of the Government in having resorted to such a zone-wise selection can never be approved."

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