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HC direction to govt on amending constable recruitment rules

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Press Trust of India Chennai
The Madras High Court today directed the state government to amend rules relating to recruitment of police constables, which is still based on the old pattern of the educational qualification system.

A division bench of Justice Huluvadi G Ramesh and Justice R M T Teekaa Raman issued the order while upholding a single judge order in connection with the promotion to Assistant Commandant post Category III of one C Pichandi, Inspector of Police (adjutant) TSP V Battalion, Avadi.

The bench dismissed the appeal filed by the state home department against the single judge order.

The new educational pattern of 10+2+3 had been adopted in the state as early as in 1978 and even after passing of 38 years, the sub-rule 4(c) of special rules prescribing 11+3 pattern of educational qualification had not been amended, it said.
 

"By passage of time, the rule has become particularly redundant and now, obsolete," the court said.

The present appeal was filed by the state home department and DGP against the single judge ruling, ordering promotion to a constable on the basis of his old pattern of educational qualification.

Pitchandi, now working as inspector, TSP V batallion Avadi, studied SSLC prior to 1978. He was denied promotion on the ground that his old 11+3 study pattern cannot be accepted.

He moved the high court and a single judge had ordered in his favour. Hence, the present appeal.

Dismissing the appeal, the bench pointed out that taking advantage of the obsolete pattern of the rules, the appellant had granted exemption and promotion to two other similarly placed cops. When it came to the case of the Pitchandi, it was denied, the bench said.

"It is for the appellant to make necessary amendment in the above said rules at the earliest, the bench said.

It also directed the Law Secretary to see that the "redundant rules are duly corrected and updated due to change in education pattern, nearly four decades ago.

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First Published: Oct 11 2017 | 8:28 PM IST

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