Madras High Court
V.Valarmathi vs The Secretary To Government on 21 September, 2021
Author: C.Saravanan
Bench: C.Saravanan
W.P.Nos.17163 & 17166 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.09.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.Nos.17163 & 17166 of 2021
and WMP.Nos.18186, 18187, 18189 & 18190 of 2021
(Through Video Conferencing)
V.Valarmathi ... Petitioner in
WP.No.17163 of 2021
V.Muthukumar -- Petitioner in
WP.No.17166 of 2021
Vs
1. The Secretary to Government,
Home (Police II) Department,
Fort St.George, Chennai -9.
2.The Member Secretary,
Tamil Nadu Uniformed Services
Recruitment Board,
Old Commissioner Office Campus,
Pantheon Road,
Egmore, Chennai – 8.
3.The Chairman,
Sub-Committee,
Tamil Nadu Uniformed Services
Recruitment Board,
Old Commissioner of Police Campus,
Pantheon Road,
Egmore, Chennai – 8.
1/8
https://www.mhc.tn.gov.in/judis/
W.P.Nos.17163 & 17166 of 2021
4.Chair Person of Sub-Committee
Coimbatore District Armed Reserve Ground,
Dr.Balasundaram Road,
Opposite to RTO Office Building,
Coimbatore. .. Respondents in
both the petitions
Common Prayer: Writ Petitions filed under Article 226 of the
Constitution of India praying to issue a writ of Certiorarified Mandamus,
calling for the entire records pertaining to the order passed by the 4 th
respondent, in the name of disqualification slip Annexure-9 dated
02.08.2021 and 26.07.2021 respectively and quash the same and
consequently directing the respondents to permit the petitioner to take part
in the further process of selection by premeasuring her height with the aid of
external agency or any other competent person to the post of Grade-II Police
Constables, Grade-II Jail Warders and Firemen, 2020 pursuant to the
Notification No.1/2020 issued by the 2nd respondent.
For Petitioner : Mr.N.Umapathi
(in both the petitions)
For Respondents : Mr. L.S.M. Hasan Fizal,
Government Advocate
(in both the petitions)
COMMON O R D E R
Already orders have been passed allowing some other candidates who 2/8 https://www.mhc.tn.gov.in/judis/ W.P.Nos.17163 & 17166 of 2021 appear in the physical test again some candidates who could not appear due to covid-19.
2. The learned Government Advocate has also submitted that originally the tentative date was fixed for such physical test during 6 th and 7th September, 2021. These dates have been postponed to 22 nd September, 2021 in Trichy.
3. It is noticed that many of the petitioner has 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 would obviate disappointment to those who end up clearing written test under the 3/8 https://www.mhc.tn.gov.in/judis/ W.P.Nos.17163 & 17166 of 2021 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.
4. 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. The said order of the Full Bench dated 29.01.2020 in W.A.Nos.8 to 12 of 2020, it was held as under:-
42. Having reasoned out the issues raised before us, we accordingly answer the questions as follows:-4/8
https://www.mhc.tn.gov.in/judis/ W.P.Nos.17163 & 17166 of 2021 i. A Writ Petition under Article 226 of the 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.
5. Considering the same, this writ petition is disposed by directing 5/8 https://www.mhc.tn.gov.in/judis/ W.P.Nos.17163 & 17166 of 2021 the respondents to permit the petitioner 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.
6. Accordingly, this writ petition is disposed and direct the fourth respondent – Chairperson, Sub-Committee, Coimbatore District Armed Reserve Ground, Dr.Balasundaram road, Opposite to RTO Office Building, Coimbatore, directed to conduct physical examination of the petitioner, 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.
21.09.2021 Index:Yes / No Internet: Yes / No Speaking / Non-Speaking order drl Note : Issue Order Copy on 21.09.2021 To 6/8 https://www.mhc.tn.gov.in/judis/ W.P.Nos.17163 & 17166 of 2021
1. The Secretary to Government, Home (Police II) Department, Fort St.George, Chennai -9.
2.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner Office Campus, Pantheon Road, Egmore, Chennai – 8.
3.The Chairman, Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai – 8.
4.Chair Person of Sub-Committee Coimbatore District Armed Reserve Ground, Dr.Balasundaram Road, Opposite to RTO Office Building, Coimbatore.
C.SARAVANAN, J.
7/8 https://www.mhc.tn.gov.in/judis/ W.P.Nos.17163 & 17166 of 2021 drl W.P.Nos.17163 & 17166 of 2021 and WMP.Nos.18186, 18187, 18189 & 18190 of 2021 21.09.2021 8/8 https://www.mhc.tn.gov.in/judis/