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2025 DAILYLAW 203124 (MAD)

M.Prabakaran v. The Member Secretary

WA/2537/2022 · 2025-11-17

M S Ramesh, R Sakthivel

Transfer Petitionbody2025

Judgment text

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W.A.No.2537 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.11.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL W.A.No.2537 of 2022 M.Prabakaran ... Appellant Vs. 1.The Member Secretary Tamil Nadu Uniform Services Recruitment Board Old Commissioner of Police Office Campus Pantheon Road, Egmore Chennai 600 008 2.The Director General of Police Law and Order, Tamil Nadu Dr.Radhakrishnan Salai Mylapore, Chennai 600 004 3.The Superintendent of Police Kancheepuram District Kancheepuram ... Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order passed in W.P.No.16674 of 2020 dated 27.07.2022 and allow the said Writ Petition. https://www.mhc.tn.gov.in/judis W.A.No.2537 of 2022 For Appellant : Mr.R.Jayaprakash For Respondents : Mr.P.Kumaresan Additional Advocate General Assisted by Mr.UM.Ravichandran Special Government Pleader JUDGMENT M.S.RAMESH, J. and R.SAKTHIVEL, J. Admittedly, the appellant herein was arrayed as an accused in a criminal case in S.C.No.94 of 2013, which was pending trial, when he had applied for the post of Grade II – Police Constable / Grade II – Jail Warden / Fireman, under the Notification No.1 of 2019, dated 06.03.2019. It is also not in dispute that while submitting the application, the appellant had not disclosed the pendency of this criminal case in his application. The instructions to the candidates in the said recruitment notification has clearly stated that the candidates are required to set forth the details of all the criminal cases, if any, in the concerned column. However, the appellant had concealed the criminal case which becomes a disqualification, and therefore, the non consideration of his candidature cannot be found fault with. https://www.mhc.tn.gov.in/judis W.A.No.2537 of 2022 2.In a recent decision rendered by this Court in E.Veeran V. The State of Tamil Nadu, Home Department and others in W.A.No.2671 of 2022 dated 02.09.2025, we had considered a similar situation and dismissed the case of the candidate in the following manner: “..... 4.We are not in agreement with the submission of the learned counsel for the appellant. The essential requirements under Tamil Nadu Uniformed Services Recruitment Board notification for eligibility in a selection process is that, on the date of the recruitment notification, the candidate must not be involved himself in any criminal case. Admittedly, he was arrayed as an accused in F.I.R.No.965 of 2012, and his name came to be dropped in the final report, which knowledge he acquired on 19.02.2019.” 3.The only contention of the learned counsel for the appellant is that the appellant was subsequently acquitted from the criminal charges in the year 2022. If that is the case, that would qualify him to participate https://www.mhc.tn.gov.in/judis W.A.No.2537 of 2022 in the subsequent selection process only, and that cannot be a ground for his consideration in the recruitment process under Notification No.1 of 2019. 4.In this background, we do not find any grounds to interfere with the order passed in the Writ Petition, and accordingly the above Writ Appeal stands dismissed. No costs. [M.S.R, J.] [R.S.V, J.] 17.11.2025 kas Index: Yes / No Neutral Citation Speaking / Non Speaking To. 1.The Member Secretary Tamil Nadu Uniform Services Recruitment Board Old Commissioner of Police Office Campus Pantheon Road, Egmore Chennai 600 008 https://www.mhc.tn.gov.in/judis W.A.No.2537 of 2022 2.The Director General of Police Law and Order, Tamil Nadu Dr.Radhakrishnan Salai Mylapore, Chennai 600 004 3.The Superintendent of Police Kancheepuram District Kancheepuram https://www.mhc.tn.gov.in/judis W.A.No.2537 of 2022 M.S.RAMESH, J. and R.SAKTHIVEL, J. kas W.A.No.2537 of 2022 17.11.2025 https://www.mhc.tn.gov.in/judis