Madras High Court
S.Sakthivel vs Tamil Nadu Uniformed Services ... on 7 September, 2021
Author: C.Saravanan
Bench: C.Saravanan
W.P.Nos.18777 etc batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.18777, 18779, 18784, 18786, 18789,
18795, 18801 to 18803 & 18806 of 2021
and
W.M.P.Nos.20067, 20070, 20074, 20077, 20080,
20084, 20089 to 20091 & 20094 of 2021
(Through Video Conferencing)
1.S.Sakthivel ... Petitioner in
W.P.No.18777 of 2021
2.S.Venkatesan ... Petitioner in
W.P.No.18779 of 2021
3.R.Srimon ... Petitioner in
W.P.No.18784 of 2021
4.K.Rishi ... Petitioner in
W.P.No.18786 of 2021
5.R.Parthiban ... Petitioner in
W.P.No.18789 of 2021
6.S.Ajithkumar ... Petitioner in
W.P.No.18795 of 2021
7.M.Saminathan ... Petitioner in
W.P.No.18801 of 2021
8.A.Nivetha ... Petitioner in
W.P.No.18802 of 2021
9.K.Sharook ... Petitioner in
W.P.No.18803 of 2021
10.R.Manikandan ... Petitioner in
W.P.No.18806 of 2021
https://www.mhc.tn.gov.in/judis/
1/10
W.P.Nos.18777 etc batch
Vs..
1.Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Chairman (DGP)
Old Commissioner of Police Campus,
Pantheon Road,
Egmore, Chennai – 600 008. ... First Respondent
in all W.Ps
2.The Chairperson,
Sub Committee,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Campus,
Pantheon Road,
Egmore, Chennai – 600 008. ... Second Respondent
in W.P.Nos.18777,
18795, 18801 of 2021
3.The Chairperson,
Sub Committee,
Tiruvannamalai Centre & Superintendent of Police,
Tiruvannamalai District. ... Second Respondent
in W.P.Nos.18779,
18802, 18803 of 2021
4.The Chairperson,
Sub Committee,
Kanchipuram Centre & Superintendent of Police,
Kanchipuram District. ... Second Respondent
in W.P.Nos.18784,
18786, 18789 of 2021
5.The Chairperson,
Sub Committee, Trichy Centre,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Campus,
Pantheon Road,
Egmore, Chennai – 600 008. ... Second Respondent
in W.P.No.18806 of 2021
https://www.mhc.tn.gov.in/judis/
2/10
W.P.Nos.18777 etc batch
Prayer in W.P.No.18777 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarifed Mandamus, calling
for the records relating to the Disqualification Slip dated 03.08.2021
issued to the petitioner (Enrolment No.1307611) by the second
respondent and quash the same and further directing the respondents to
consider the claim of the petitioner for appointment of Common
Recruitment for the posts of Grade II-PCS, Grade-II JWS and Fireman
2020.
Prayer in W.P.No.18779 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarifed Mandamus, calling
for the records relating to the Disqualification Slip dated 28.07.2021
issued to the petitioner (Enrolment No.1106168) by the second
respondent and quash the same and further directing the respondents to
consider the claim of the petitioner for appointment of Common
Recruitment for the posts of Grade II-PCS, Grade-II JWS and Fireman
2020.
Prayer in W.P.No.18784 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarifed Mandamus, calling
for the records relating to the Disqualification Slip dated 27.07.2021
issued to the petitioner (Enrolment No.0209277) by the second
respondent and quash the same and further directing the respondents to
consider the claim of the petitioner for appointment of Common
Recruitment for the posts of Grade II-PCS, Grade-II JWS and Fireman
2020.
Prayer in W.P.No.18786 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarifed Mandamus, calling
for the records relating to the Disqualification Slip dated 26.07.2021
issued to the petitioner (Enrolment No.0200799) by the second
respondent and quash the same and further directing the respondents to
consider the claim of the petitioner for appointment of Common
Recruitment for the posts of Grade II-PCS, Grade-II JWS and Fireman
2020.
https://www.mhc.tn.gov.in/judis/
3/10
W.P.Nos.18777 etc batch
Prayer in W.P.No.18789 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarifed Mandamus, calling
for the records relating to the Disqualification Slip dated 26.07.2021
issued to the petitioner (Enrolment No.0203246) by the second
respondent and quash the same and further directing the respondents to
consider the claim of the petitioner for appointment of Common
Recruitment for the posts of Grade II-PCS, Grade-II JWS and Fireman
2020.
Prayer in W.P.No.18795 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarifed Mandamus, calling
for the records relating to the Disqualification Slip dated 30.07.2021
issued to the petitioner (Enrolment No.1805061) by the second
respondent and quash the same and further directing the respondents to
consider the claim of the petitioner for appointment of Common
Recruitment for the posts of Grade II-PCS, Grade-II JWS and Fireman
2020.
Prayer in W.P.No.18801 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarifed Mandamus, calling
for the records relating to the Disqualification Slip dated 27.07.2021
issued to the petitioner (Enrolment No.1208327) by the second
respondent and quash the same and further directing the respondents to
consider the claim of the petitioner for appointment of Common
Recruitment for the posts of Grade II-PCS, Grade-II JWS and Fireman
2020.
Prayer in W.P.No.18802 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarifed Mandamus, calling
for the records relating to the Disqualification Slip dated 30.07.2021
issued to the petitioner (Enrolment No.5900734) by the second
respondent and quash the same and further directing the respondents to
consider the claim of the petitioner for appointment of Common
Recruitment for the posts of Grade II-PCS, Grade-II JWS and Fireman
2020.
https://www.mhc.tn.gov.in/judis/
4/10
W.P.Nos.18777 etc batch
Prayer in W.P.No.18803 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarifed Mandamus, calling
for the records relating to the Disqualification Slip dated 27.07.2021
issued to the petitioner (Enrolment No.1104107) by the second
respondent and quash the same and further directing the respondents to
consider the claim of the petitioner for appointment of Common
Recruitment for the posts of Grade II-PCS, Grade-II JWS and Fireman
2020.
Prayer in W.P.No.18806 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarifed Mandamus, calling
for the records relating to the Disqualification Slip dated 29.07.2021
issued to the petitioner (Enrolment No.2302240) by the second
respondent and quash the same and further directing the respondents to
consider the claim of the petitioner for appointment of Common
Recruitment for the posts of Grade II-PCS, Grade-II JWS and Fireman
2020.
For Petitioners : Mr.V.M.Venkatramana
(In all W.Ps)
For Respondents : Mr.L.S.M.Hasan Fizal
(In all W.Ps) Government Advocate
COMMON ORDER
Already orders have been passed allowing some other candidates who appear in the physical test again some candidates who could not appear before covid-19.
https://www.mhc.tn.gov.in/judis/ 5/10 W.P.Nos.18777 etc batch
2. The learned Government Advocate has also submitted that originally the tentative date was fixed for such physical test during 6th and 7th September, 2021. These dates have been postponed to 22 nd September, 2021 in Trichy.
3. Considering the same, these writ petitions are allowed by directing the respondents to permit the petitioners to appear in the proposed physical test to be conducted on 22nd September, 2021 along with candidates who could not attend earlier due to Covid-19.
4. It is noticed that many of the petitioners have filed certificate from the Government Hospital and/or registered Medical Practitioner to prove that they have requisite height. This Court cannot examine the correctness of the certificate based on which, the relief is sought for. However, this Court is inclined to observe that the recruitment proceeding can be altered in the future such that a certificate of physical measurement is obtained by candidates from any institution recognized by the Government and approved by the Recruitment Board and are uploaded along with the application for the post. This https://www.mhc.tn.gov.in/judis/ 6/10 W.P.Nos.18777 etc batch would obviate disappointment to those who end up clearing written test under the present method of selection. Only candidates who satisfy physical re-measurement alone would upload their certificate and participate in the competitive exam for selection. Such height can be re-measured once again after qualifying in the written exam. The measurement should carried with the Digitized Electronic Device recognized the order of the Full Bench dated 29.01.2020 in W.A.Nos.8 to 12 of 2020 and batches etc. in A.Parthiban and 9 Others vs. 1.Tamil Nadu Uniformed Services Recruitment Board, Rep. by its Chairman (DGP) Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai 600 008 and another.
5. The Government may therefore explore the possibility of notifying such institution in each Districts where such certificate can be obtained by prospective candidates where such standardized measuring instruments/equipments are used for measuring the height.
42. Having reasoned out the issues raised before us, we accordingly answer the questions as follows:-
i. A Writ Petition under Article 226 of the https://www.mhc.tn.gov.in/judis/ 7/10 W.P.Nos.18777 etc batch Constitution of India for correcting any error may ordinarily be not maintainable involving factual disputes, but, on the establishment of a patent factual error leading to prejudice and resulting in violation of legal or fundamental rights or otherwise involving malafides, a writ petition can be entertained under Article 226 of the Constitution of India, in order to avoid or otherwise rectify a denial of opportunity in matters of employment;
ii. The exercise of height measurement may be resorted to through scientifically approved electronic or such other devices, such as Digital Measurement Device (Sensor Machine) and the same deserves to be undertaken at all stages of height measurement to establish a standardised procedure of measurement, in order to avoid any variation either in appeal or to avoid any future litigation;
iii. The Rules prescribing rounding off as amended and contained in Rule 14 of the Special Rules for Tamil Nadu Police Subordinate Service being not under challenge, the same can be implemented, but, in order to ensure any dispute of calculation, miscalculation or any suspected marginal error, it would be appropriate that instead of rounding off principle, a relaxation to the extent of 0.5 centimeter in the respective categories be introduced as a matter of rule that may possibly avoid any future litigation or dispute relating to discrepancy of measurement.
6. Accordingly, these writ petitions are disposed and direct the first https://www.mhc.tn.gov.in/judis/ 8/10 W.P.Nos.18777 etc batch respondent – Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai-600 008, to permit the physical examination of all the petitioners, on the next date of physical examination which is tentatively fixed to 22.09.2021 in Trichy. In the event, the petitioners qualify in the physical examination they shall be treated as eligible for further consideration. No costs. Consequently, connected miscellaneous petitions are closed.
07.09.2021 Index: Yes/ No Internet : Yes/No Speaking/Non-speaking Order arb/kkd To
1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai – 600 008.
C.SARAVANAN,J.
https://www.mhc.tn.gov.in/judis/ 9/10 W.P.Nos.18777 etc batch arb/kkd
2.The Chairperson, Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai – 600 008.
3.The Chairperson, Sub Committee, Tiruvannamalai Centre & Superintendent of Police, Tiruvannamalai District.
4.The Chairperson, Sub Committee, Kanchipuram Centre & Superintendent of Police, Kanchipuram District.
5.The Chairperson, Sub Committee, Trichy Centre, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai – 600 008. W.P.Nos.18777, 18779, 18784, 18786, 18789, 18795, 18801 to 18803, & 18806 of 2021 07.09.2021 https://www.mhc.tn.gov.in/judis/ 10/10