ELIPE DHARMA RAO, J. - (1.) THE present writ petition has been filed by the petitioner seeking the issuance of Writ of Declaration, declaring that the decision of the respondent State of Tamil Nadu, dated 29.10.2012 to create "Tamil Nadu Youth Special Police Force" is null and void and directing the respondent to fill in all the vacant posts of Grade II Constable by means of a special drive recruitment and to create adequate number of posts of Grade II Constable in the State of Tamil Nadu.
(2.) ON 29.10.2012, a statement has been made by the Hon'ble Chief Minister of Tamil Nadu under Rule 110 of the Tamil Nadu Legislative Assembly Rules on the floor of the Tamil Nadu State Legislative Assembly, which reads as follows: i.The Tamil Nadu Police is doing various essential duties like prevention of crime, traffic regulation, rescue operation during natural calamities, regulating crowd during festive seasons etc. ii.The strength of such an importance police force is 1,13,629. This is in the ratio of 1:635 citizens. Against such sanctioned strength only 82% of the posts are occupied. Hence, it has been ordered to fill up the 12,208 vacancies in Police Department through the Tamil Nadu Uniform Services Recruitment Board. iii.Following the aforesaid order, the Tamil Nadu Uniform Services Recruitment Board has conducted written test for Police Constables on 24.06.2012, and thereafter physical fitness test was conducted during August 2012 and the list of selected candidates was released on 12.10.2012. The 12,162 selected recruits have been undergoing medical test now. After the medical test, the candidates who have been selected have to undergo training for a period of seven months and then only, they can be taken for active duty. iv.Taking into consideration the above aspects, the increase in population and thousands of retirement of constables every year, it is essential to create a supporting force to assist the Police Force in certain aspects of police work. v.In order to facilitate the above, an announcement was made for creation of "Tamil Nadu Youth Special Police Force". vi.Persons, who are recruited under the said Force, would be utilised in regulating traffic, serving of Court summons, night patrolling and driving. vii.The recruitment of Tamil Nadu Youth Special Force would be conducted District wise by the District Superintendents of Police by making advertisements. Persons, who have completed 10th Standard and who are between the age of 18 and 30 are eligible to participate in the said test. viii.Successful candidates would be appointed in the Tamil Nadu Youth Special Police Force in the respective Districts. The members of the said Force would be paid a honorarium of Rs,7500.00 per month during their training and duty. They will also be eligible for the facilities in stores meant for policemen. Besides this, they are eligible to draw essential commodities like rice, wheat, sugar, maida, dal etc. in subsidised rates. ix.Members of the Tamil Nadu Youth Special Police Force, who complete one year of satisfactory service, would be eligible for absorption to the regular vacancies in the constabulary. A particular percentage in the vacancies arising in the constabulary would be earmarked for members selected from the Tamil Nadu Youth Special Police Force. The Tamil Nadu Uniformed Services Recruitment Board will conduct special recruitment tests for this purpose. The list of selected candidates will be released by the Tamil Nadu Uniform Services Recruitment Board. Those who fail to clear this test will continue to work in Tamil Nadu Youth Special Police Force till they reach the age of 40. Beyond the age of 40, the Government of Tamil Nadu would make arrangements for their alternate employment. x.During the current financial year, a total number of 10,000 members of Tamil Nadu Youth Special Police Force will be recruited throughout the State. The examination for this purpose will be held during December 2012. Basic training for the successful candidates will be imparted in January 2013 and they will be employed for active duty before the end of this financial year. During 2013-2014, additionally 15,000 members will be recruited. According to the need, a total number of 50,000 will be recruited for the Tamil Nadu Youth Special Police Force every year. According to the petitioner, since the aforesaid recruitment to the Tamil Nadu Youth Special Police Force is violative of Articles 14 and 16 of the Constitution, he came forward with the present writ petition, in public interest, for a declaration that the said decision of the respondent State of Tamil Nadu is a nullity in the eye of law and he also sought for a direction to the respondent to fill in all the vacant posts of Grade II Constables immediately and to create adequate number of posts of Grade II Constables in Tamil Nadu.
(3.) WE have heard the learned counsel for the petitioner and the learned Advocate General appearing for the respondent.;