High Court · 2025

WA(MD). No.996 of 2023BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25/03/2025CORAMTHE HONOURABLE Mrs. JUSTICE J.NISHA BANU ANDTHE HONOURABLE Mrs. JUSTICE S.SRIMATHY WA(MD). No.996 of 2023The Director General of Police/Director of Fire and Rescue ServicesOffice of the Director of Fire & Resue Services,No.17, Rukmani Lakshmipathy Road,Egmore, Chennai – 600 008. : Appellant/RespondentVs.M.Rajesh: Respondent / Writ PetitionerPRAYER: Writ Appeal is filed under Clause 15 of Letters Patent against the order dated 17.10.2022 passed in W.P(MD)No.23858 of 2022.For Appellant : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.M.Sarangan Addl. Government Pleader For Respondent : Mr.G.Thalaimutharasu1/8 https://www.mhc.tn.gov.in/judis WA(MD). No.996 of 2023JUDGMENT(Judgment of the Court was delivered by J.NISHA BANU,J.) The writ appeal is directed against the order of the writ Court dated 27.01.2025 passed in WP(MD) No.20933 of 2021.2.The State is on appeal aggrieved by the order made in WP(MD) No.23858/2022, wherein, the Writ Court, after quashing the orders of the Director of Fire and Rescue Services disqualifying the petitioner in terms of Sub Rule 3 in Rule 5B of the Tamil Nadu Fire Subordinate Services, issued a positive direction directing issuance of appointment orders to the petitioner. The process for recruitment of Constables Grade – II/Fireman/Jail Warden in the Tamil Nadu Uniformed Services began on 17.09.2020. Rule 5 B as it stood on the date of the issuance of the notification, is as follows:-“5 B. Verification of character and antecedents.._ (1) The list of candidates who are declared fit during the medical examination shall be sent by the Tamil Nadu Unformed Services Recruitment Board along with their temporary and permanent addresses to the 2/8 https://www.mhc.tn.gov.in/judis WA(MD). No.996 of 2023Director General of Police, Tamil Nadu for verification of their character and antecedents. A police verification report in respect of each such candidate shall be sent to the Tamil Nadu Uniformed Services Recruitment Board, indicating therein the follows:~(i) whether he has more than one wife living.(ii) whether his character and antecedents are such as to qualify him for the service; and(iii) the details of criminal cases, if any, in which he is involved.(2) A candidate who has more than one wife living or who has convicted in any criminal case or in respect of whom a charge sheet is pending in a Court of law or against whom a criminal case is pending investigation shall be liable for disqualification.”2.1. As the recruitment process was on a change in Sub Rule 3 introduced by way of an amendment on 14.09.2021, the said Sub Rule 3 Reads as follows:-(3) No person shall be eligible for appointment to the Service by direct recruitment unless he satisfies the appointing authority that he was not involved in any 3/8 https://www.mhc.tn.gov.in/judis WA(MD). No.996 of 2023criminal case before police verification.Explanation (1): A person who is acquitted or discharged on the benefit of doubt or due to the fact that the complainant turned hostile shall be treated as a person involved in a criminal case.Explanation (2): A person involved in a criminal case at the time of police verification and the case is yet to be disposed of and subsequently ended in honourable acquittal or treated as mistake of fact shall be treated as not involved in a criminal case and he can claim right for appointment only by participating in the next recruitment.”3. After the recruitment process was over, the Director of Tamil Nadu Fire and Rescue Services passed identical orders disqualifying the petitioner on the ground that he stood disqualified in terms of Sub-Rule 3 of Rule 5 B of the Tamil Nadu Fire Subordinate Service Rules. The writ petitioner in the writ petition challenged the said order.4.The main basis of challenge was that Sub Rule 3, which was introduced after the selection had began, could not have been applied to the writ petitioner and such application would amount to changing rules of the games after the game had begun. The Writ Court accepted the said 4/8 https://www.mhc.tn.gov.in/judis WA(MD). No.996 of 2023contention and while setting aside the order impugned in the writ petitions, a positive direction was issued by the Writ Court directing issuance of appointment orders to all the petitioners.5.We have heard Mr.Veerakathiravan, learned Additional Advocate General appearing for the appellants and Mr.G.Thalaimutharasu, learned counsel appearing for the respondent.6.While Mr.Veera kathiravan, learned Additional Advocate General, would justify the orders passed by the authorities, contending that the Writ Court ought not to have issued a positive direction for issuing appointment orders, by pointing out that even if the Sub Rule 3 is not taken into account still the appointing authority had power to verify antecedents under Rule 5 B(1) as well as (2). Therefore, the Writ Court ought to have given an opportunity to the employer to consider the character of the persons, who are to be appointed to the Uniformed Services.5/8 https://www.mhc.tn.gov.in/judis WA(MD). No.996 of 20237.The learned counsel appearing for the respondent would submit that the order impugned in the writ petition having been passed only based on Sub Rule 3, cannot be sustained. We are in agreement with the contention of the learned counsel for the respondent that the order impugned in the writ petition having been passed only based on Sub-Rule 3 cannot be sustained, since the Sub Rule 3 was introduced after the commencement of the selection process. However, we cannot, at the same time, preclude the employer from looking into antecedents of the persons, who are to be employed in the Uniformed Services in terms of Rule 5 B (1) and (2). Therefore, while affirming the order in the writ petition, we set aside the positive direction issued by the Writ Court to issue appointment order to the petitioner. The Appointing Authority, namely, the Director of Fire and Rescue Services will consider the suitability of the petitioners in terms of Rule 5 B (1) (2) and take appropriate decision. Needless to state that the authority will examine the issue with an open mind and without being influenced by any of the observations made either by the Writ Court or by us in this Judgment. The authority shall pass orders within a period of 12 weeks from the date of receipt of a copy of this judgment.6/8 https://www.mhc.tn.gov.in/judis WA(MD). No.996 of 20238.The Writ Appeal stands disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.[J.N.B.,J] [S.S.Y.,J] 25.03.2025NCC : Yes/NoIndex : Yes/No RRToThe Director General of Police/Director of Fire and Rescue ServicesOffice of the Director of Fire & Resue Services,No.17, Rukmani Lakshmipathy Road,Egmore, Chennai – 600 008.7/8 https://www.mhc.tn.gov.in/judis WA(MD). No.996 of 2023J.NISHA BANU, JANDS.SRIMATHY, J. RR ORDER IN WA(MD) No.996 of 2023 Date : 25/03/20258/8