Madras High Court
K.Divya vs The Chairman/Director General Of ... on 10 August, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.16882 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.16882 of 2021
and WMP.Nos.17859,17861 & 17862 of 2021
K.Divya ... Petitioner
vs.
1.The Chairman/Director General of Police,
Tamil Nadu Uniformed Services Recruitment Board,
Chennai.
2.The Superintendent of Police (Chairperson of Sub Committee)
Kanchipuram District,
Kanchipuram.
3.The Additional District Superintendent of Police
/Recruitment Committee,
In-charge Officer of Sub Committee,
Kanchipuram. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the 2nd & 3rd
respondents to remeasure the height of the petitioner by both physically and
digitally vide advertisement no. 1/2020 dated 17.09.2020.
For Petitioner : Ms.Lavanya
For Respondents : Mr.P.Kumaresan, AAG
assisted by
Mrs.Sowmi Dattan, for R1
Mr. P.Ganesan, GA – R2 & R3
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https://www.mhc.tn.gov.in/judis
W.P.No.16882 of 2021
ORDER
Seeking direction to the 2 & 3rd respondents to re-measure the height nd of the petitioner by both physically and digitally, the present writ petition has been filed by the petitioner.
2. The learned counsel for the petitioner has submitted that the petitioner applied for the post of Police Constable as per Advertisement No.1/2020 by the respondents. The petitioner was directed to appear for the written examination and came out successful. Subsequently, the petitioner was called for to attend physical test which was conducted by the 2nd and 3rd respondent. During height measurement test, the height of the petitioner was measured physically as 158.4 cms and digitally as 158.4 cm. As per the notification, required height for ladies in 159cm, however the petitioner's height in the physical measurement shows 160 cm. The respondents without considering the same, had issued impugned rejection order for selection to the post of Police Constable Grade II for the said recruitment. Challenging the same, the present writ petition is filed.
3. Heard both sides and perused the materials available on record. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.16882 of 2021
4. Admittedly, the petitioner has applied for the post of Police Constable Grade II as per advertisement no.1/2020 issued by the respondents and completed the written examination and directed to attend physical examination test. Since the petitioner's height shows lesser than the height prescribed in the advertisement, the petitioner's selection was rejected by impugned rejection order by the 2nd & 3rd respondents.
5. It is the contention of the learned counsel for the petitioner that there was some discrepancy in the height measured by the respondents. As per physical measurement the petitioner's height shows 160 cm, which is more than the prescribed height of 159 cm as per the advertisement. The similarly placed person have earlier approached this Court and obtained directions for re-measurement of height, therefore the same relief may also be granted to the petitioner herein.
6. On perusal of records, it is seen that the impugned rejection was issued to the petitioner on 17.09.2020 and the petitioner has filed the present writ petition in the month of August 2021 i.e, after the period of 8 months, challenging the said order. Further, the learned Additional Advocate General 3/6 https://www.mhc.tn.gov.in/judis W.P.No.16882 of 2021 appearing for the respondents has submitted before this Court that the entire selection process was completed and results were published on 25.11.2020 itself and the selected persons were placed in their respective posts.
7. Considering the submissions made by the learned Additional Advocate General and taking note of the fact that the petitioner has approached this Court after period of eight months, this Court cannot consider the request at this stage on the grounds of delay and latches and the prayer sought for by the petitioner is liable to be dismissed.
8. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
10.08.2022
Index : Yes / No
Internet : Yes
ak
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https://www.mhc.tn.gov.in/judis
W.P.No.16882 of 2021
To
1.The Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Chennai.
2.The Superintendent of Police (Chairperson of Sub Committee) Kanchipuram District, Kanchipuram.
3.The Additional District Superintendent of Police /Recruitment Committee, In-charge Officer of Sub Committee, Kanchipuram.
5/6 https://www.mhc.tn.gov.in/judis W.P.No.16882 of 2021 D.KRISHNAKUMAR, J.
ak W.P.No.16882 of 2021 and WMP.No. 17859,17861 & 17862 of 2021 10.08.2022 6/6 https://www.mhc.tn.gov.in/judis