Madras High Court
A.Vengatesan vs The Member Secretary on 21 September, 2021
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.16261 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.09.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.16261 of 2021
and WMP.Nos.17201 & 17205 of 2021
(Through Video Conferencing)
A.Vengatesan ... Petitioner
Vs
1. The Member Secretary,
Tamil Nadu Uniformed Services
Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai-8.
2.The Chairperson,
Sub-committee, Cuddalore Centre,
& Superintendent of Police,
Cuddalore District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a writ of Certiorarified Mandamus, calling for the records
relating to the impugned disqualification slip issued in CV, PMT, ET and
PET by 2nd respondent dated 26.07.2021 and quash the same as illegal and
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W.P.No.16261 of 2021
consequently directing the respondents to conduct a fresh height
measurement test on the petitioner for following recruitment rules of the 1st
respondent in Notification No.1/2020 dated 17.09.2020 within a reasonable
time fixed by this Hon'ble Court.
For Petitioner : Mr.R.Kumaravel
For Respondents : Mr. L.S.M. Hasan Fizal,
Government Advocate
ORDER
Already orders have been passed allowing some other candidates who 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.
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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 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 3/7 https://www.mhc.tn.gov.in/judis/ W.P.No.16261 of 2021 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:-
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 4/7 https://www.mhc.tn.gov.in/judis/ W.P.No.16261 of 2021 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 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 second respondent – Chairperson, Sub-Committee, Cuddalore Centre and 5/7 https://www.mhc.tn.gov.in/judis/ W.P.No.16261 of 2021 Superintend of Police, Cuddalore District, 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
1. The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-8.
2.The Chairperson, Sub-committee, Cuddalore Centre, & Superintendent of Police, Cuddalore District.
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drl W.P.No.16261 of 2021 and WMP.Nos.17201 & 17205 of 2021 21.09.2021 7/7 https://www.mhc.tn.gov.in/judis/