Madras High Court
K.P.Mahalakshmi vs Tamil Nadu Uniformed Services ... on 27 July, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.4652 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.4652 of 2021
K.P.Mahalakshmi .. Petitioner
vs.
Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Chairman (DGP)
Old Commissioner of Police Campus,
Pantheon Road, Egmore,
Chennai-600 008. .. Respondent
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 respondent made in C.No.R2/860/2019
dated 09.10.2020 (Disqualification Slip) issued to the petitioner (Enrolment
No.5510368) and quash the same and further directing the respondent to
consider and dispose of the representation dated 27.11.2020 within a time
frame.
For Petitioner : Mr.P.Sharath Nair,
For Respondent : Mr.P.Kumaresan,
Additional Advocate General
assisted by
Mrs.Sowmi Dattan,
Standing Counsel
https://www.mhc.tn.gov.in/judis
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W.P.No.4652 of 2021
COMMON ORDER
The petitioner, challenging the impugned disqualification slip issued by the second respondent dated 09.10.2020 and for a consequential direction to consider the claim of the petitioner for appointment to the post of Grade II PC, Jail Warden, Fireman in the Common Recruitment, 2019 has filed the present writ petition.
2. The petitioner 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 she successfully qualified in the written examination and Physical Endurance Test and participated in the Physical Measurement Test and she was not selected on the ground that the petitioner did not fulfill the minimum eligibility height measurement as per the notification. According to the petitioner, she possess the required eligibility height, but the respondent has not taken correct measurement and arbitrarily disqualified her and therefore, challenging the same, she has approached this Court by filing the present writ petition.
3. Mr.P.Kumaresan, learned Additional Advocate General for the first https://www.mhc.tn.gov.in/judis 2 W.P.No.4652 of 2021 respondent has drawn the attention of this Court to the counter affidavit filed by the respondent, wherein it has been stated that the petitioner has cleared the written examination and was called for Physical Measurement Test / Endurance Test before respective Sub-Committees and the candidate who qualify in the Physical Measurement Test alone will be allowed to participate in the Endurance Test and the petitioner was disqualified in the height measurement test. 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 petitioner is concerned, she 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 order was issued and subsequently, fresh notification was issued and at this distant point of time, the claim of the petitioner 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 petitioner had participated in the recruitment https://www.mhc.tn.gov.in/judis 3 W.P.No.4652 of 2021 process as per the Notification for appointment to the post of Grade II P.C and she has cleared the written examination and was called for Physical Measurement Test / Endurance Test before the respective Sub-Committees and she did not qualify in the height measurement and on appeal, the Sub- Committee has conduced the height measurement and on appeal also, the petitioner did not satisfy the minimum required height as per the notification. Based on the records, the learned Additional Advocate General informed this Court that the petitioner has made objection before the Appeal Committee that her height measurements were taken wrongly and therefore, height measurements were taken once again and inspite of the same, she 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 slip issued by the respondent. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is 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.No.4652 of 2021
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.
https://www.mhc.tn.gov.in/judis 5 W.P.No.4652 of 2021 D.KRISHNAKUMAR, J.
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