Madras High Court
Lalitha.C vs Tamil Nadu Uniformed Services ... on 27 July, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.Nos.6845 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.Nos.6845, 6848, 6851, 6853, 6861,
6862, 6868, 6870 & 6871 of 2020
and
WMP.Nos.8155, 8159, 8160, 8164,
8172, 8175, 8184, 8187 & 8188 of 2020
W.P.No.6845 of 2020
Lalitha.C. .. Petitioner
vs.
1.Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Chairman (DGP),
Old Commissioner of Police Campus,
Pantheon Road, Egmore,
Chennai-600 008.
2.The Chairman,
Sub Committee,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Campus,
Pantheon Road, Egmore,
Chennai-600 008. .. Respondents
Prayer: Writ Petitions filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the order of the 2nd respondent made in C.No.R2/850/2019
dated 19.11.2019 (Disqualification Slip) issued to the petitioner (Enrolment
No.5601901) and quash the same and further directing the 1st respondent to
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1
W.P.Nos.6845 of 2020
consider the claim of the petitioner based on the representation dated
22.11.2019 for appointment to the post of Gr.II PC, Jail Warden, Firemen in
the Common Recruitment, 2019.
For Petitioner : Mr.Sharath P.Nair
in all W.Ps.
For Respondents : Mr.P.Kumaresan,
Additional Advocate General
assisted by
Mrs.Sowmi Dattan,
Standing Counsel for R1 and R2
COMMON ORDER
The petitioners, challenging the impugned disqualification slips issued by the second respondent and for a consequential direction to consider the claim of the petitioners based on their representations for appointment to the post of Grade II PC, Jail Warden, Fireman in the Common Recruitment, 2019 have filed the present writ petitions.
2. The petitioners applied for the Common Recruitment, 2019 for the post of Grade II P.C., Jail Warden, Firemen in pursuant to the Notification No. 1/2019 dated 06.03.2019 issued by the Respondent Board and they successfully qualified in the written examination and Physical Endurance Test and they participated in the Physical Measurement Test and they were not selected on the ground that the petitioners did not fulfill the minimum eligibility https://www.mhc.tn.gov.in/judis 2 W.P.Nos.6845 of 2020 height measurement as per the notification. According to the petitioners, they possess the required eligibility height, but the respondents have not taken correct measurement and arbitrarily disqualified them and therefore, challenging the same, they have approached this Court by filing the present writ petitions.
3. Mr.P.Kumaresan, learned Additional Advocate General for the first respondent has drawn the attention of this Court to the common counter affidavit filed by the first respondent, wherein it has been stated that the petitioners have cleared the written examination and were called for Physical Measurement Test / Endurance Test before respective Sub-Committees and the candidates who qualify in the Physical Measurement Test alone will be allowed to participate in the Endurance Test and all the petitioners were disqualified in the height measurement test, the details of which are extracted hereunder:
Sl. Name Enrol. Community 1st Measurement Measurement Required No. No. on Appeal 1 Lalitha.C. 5601901 MBC/DNC 158.5 158.5 159.0 2 Gunasundari.D 5600587 MBC/DNC 158.5 158.5 159.0 3 Ranjith Kumar, J. 0701801 BC 169.5 169.0 170.0 4 Radhika.P. 5600579 MBC/DNC 158.5 158.0 159.0 5 Kiruba.R. 0618088 BC 168.5 169.0 170.0 https://www.mhc.tn.gov.in/judis 3 W.P.Nos.6845 of 2020 Sl. Name Enrol. Community 1st Measurement Measurement Required No. No. on Appeal 6 Chrulatha.D. 5600706 SC 156.5 156.5 157.0 7 V.Ellammal 5701012 MBC/DNC 158.0 158.0 159.0 8 Manikandan.R 0610679 MBC/DNC 169.5 169.2 170.0 9 K.Ishwarya 5600231 SC 155.5 156.0 157.0
4. The learned Additional Advocate General further submitted that during the physical measurement test if a candidate does not possess the prescribed height and is disqualified, he/she can prefer an appeal before the Appeal Committee and as far as the petitioners are concerned, they did not qualify in the height measurement both in the first measurement as well as on appeal before the Sub Committee and the entire selection process was already over and appointment orders were issued and subsequently, fresh notification was issued and at this distant point of time, the claim of the petitioners cannot be considered and prays for appropriate orders.
5. This Court has considered the submissions made and also perused the entire materials available on record.
6. The fact remains that the petitioners had participated in the recruitment process as per the Notification for appointment to the post of https://www.mhc.tn.gov.in/judis 4 W.P.Nos.6845 of 2020 Grade II P.C and they have cleared the written examination and were called for Physical Measurement Test / Endurance Test before the respective Sub- Committees and they did not qualify in the height measurement and on appeal, the Sub-Committee has conduced the height measurement and on appeal also, the petitioners did not satisfy the minimum required height as per the notification. Based on the records, the learned Additional Advocate General informed this Court that all the petitioners made objections before the Appeal Committee that their height measurements were taken wrongly and therefore, height measurements were taken once again and inspite of the same, they did not satisfy the minimum eligibility height as per the notification and therefore, the decision of the Sub-Committee has become final.
7. In the light of the above, this Court does not find any reason to interfere with the impugned disqualification slips issued by the second respondent. Accordingly, the Writ Petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.
27.07.2022
Index : Yes / No
Internet : Yes / No
Jvm
https://www.mhc.tn.gov.in/judis
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W.P.Nos.6845 of 2020
D.KRISHNAKUMAR, J.
Jvm
To
1.Tamil Nadu Uniformed Services Recruitment Board, Represented by its Chairman (DGP), Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai-600 008.
2.The Chairman, Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai-600 008.
W.P.Nos.6845, 6848, 6851, 6853, 6861, 6862, 6868, 6870 & 6871 of 2020 https://www.mhc.tn.gov.in/judis 6 W.P.Nos.6845 of 2020 27.07.2022 https://www.mhc.tn.gov.in/judis 7