Madras High Court
C.Paunraj vs The Tamil Nadu Uniformed Services on 8 August, 2022
Author: D. Krishnakumar
Bench: D.Krishnakumar
W.P.No.23965 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 08.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.23965 of 2021
and
W.M.P.No.25285 of 2021
C.Paunraj ... Petitioner
Vs.
1.The Tamil Nadu Uniformed Services
Recruitment Board,
Rep. by its Member Secretary,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai - 600 008.
2.The Chairman / Member,
Recruitment Sub-Committee,
Tamil Nadu Uniformed Services
Recruitment Board, AR Ground,
Armed Reserve, Vennampatty,
Dharmapuri Center,
Dharmapuri District – 636 701. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, seeking to issue a Writ of Certiorarified Mandamus, to call for
the records pertaining to the impugned order i.e., Disqualification Slip
dated 03.08.2021 issued by the 2nd respondent and quash the same as
illegal and consequently direct the Respondents to conduct a fresh
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W.P.No.23965 of 2021
Physical Measurement Test for the Petitioner (Enrollment Number
1308604) for the post of Grade - II Constable / Grade - II Jail Warder
and Fireman in the Tamil Nadu Uniformed Services Recruitment Board
2020, within reasonable time fixed by this Court.
For Petitioner : Mr.G.Paul Einstein
For Respondents : Mr.P.Kumaresan
Additional Advocate General
Assisted by
Mrs.Sowmi Dattan
Standing Counsel
ORDER
This Writ Petition has been filed seeking to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order i.e., Disqualification Slip dated 03.08.2021 issued by the 2nd respondent and quash the same as illegal and consequently, to direct the respondents to conduct a fresh Physical Measurement Test for the petitioner (Enrollment Number 1308604) for the post of Grade - II Constable / Grade - II Jail Warder and Fireman in the Tamil Nadu Uniformed Services Recruitment Board 2020, within reasonable time fixed by this Court.
2. According to the petitioner, the petitioner has applied for the Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.23965 of 2021 post of Grade II Police Constable / Grade - II Jail Warder and Firemen vide notification in Advertisement No.1/2020, dated 17.09.2020 issued by the 1st respondent in their official website. Thereafter, the petitioner has appeared in the written examination, which was conducted on 13.12.2020 and he was successfully passed in the said written examination. Thereafter, petitioner also participated in the Physical Test, which was conducted by the 1st respondent on 03.08.2021. According to the petitioner, the height of the petitioner was measured as 169.5 cms, for which the petitioner had preferred an appeal before the Appeal Committee seeking to re-measure his height. Thereafter, the 2nd respondent has issued a Disqualification Slip dated 03.08.2021 to the petitioner stating that he was disqualified for the selection to the aforesaid post on the ground that he has not satisfied the minimum eligibility height requirement of 170 cms. Challenging the said disqualification slip issued by the 2nd respondent, the present writ petition has been filed by the petitioner before this Court.
3. The learned counsel appearing for the petitioner submitted that the petitioner has already possessed the height of 171 cms and Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.23965 of 2021 therefore, the aforesaid statement made by the 2 nd respondent is unacceptable and this Court will accept the submissions of the petitioner and reconsider his claim. He further submitted that the petitioner is entitled to the post of Grade II Police Constable.
4. The learned Additional Advocate General appearing for the respondents submitted that the petitioner has appeared before the Committee and he has also appeared before the Appellate Committee for measuring his height. However, the petitioner was not satisfied the said minimum requirement of height measurement as prescribed under the notification. Further submitted that the similar writ petitions have been filed in W.P.(MD).No.16499 of 2021 etc., batch before the Madurai Bench of this Court. By an order dated 21.09.2021, this Court has passed an orders as follows:-
“i) The writ petitioners herein are directed to participate in the remeasurement of height test that is proposed to be conducted on 22.09.2021 at Trichy Centre;
ii) The respondents shall take the measurement only through the digital method and shall videograph the Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.23965 of 2021 same;
iii) Based on the revised measurement, the respondents shall take a final decision for the selection of the petitioners to the posts of Grade-II Constable, Grade II Jail Warder and Firemen;
iv) The said exercise shall be completed as expeditiously as possible without any further delay; and
v) It is open to the respondents, if any fresh writ petitions are filed, the same can also be agitated on the ground of laches.”
5. It has been specifically stated in the said order that if any fresh writ petitions have been filed, the same can be agitated on the ground of laches.
6. According to the learned Additional Advocate General appearing for the respondents, the petitioner did not approach this Court within the reasonable time immediately on issuing the impugned disqualification slip. Therefore, there are several writ petitions have been filed before this Court, at the time of argument one of the contentions raised by the respondents is that the said request of the Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.23965 of 2021 petitioner is succeeded, the entire disqualified persons would approach this Court and therefore, it is not permissible and it will affect the entire selection process.
7. Considering the said submissions, this Court has held in the aforesaid order that it is for the respondents, if any fresh writ petitions are filed, the same can also be agitated on the ground of laches.
8. In the present case, according to the respondents, the petitioner has filed the writ petition on 02.11.2021. Now, after the entire selection process is completed and therefore, he is not entitled for seeking the relief before this Court and there is some force in the contention of the respondents that the petitioner has not approached this Court within the reasonable time immediately after the disqualification slip has been issued and almost the entire selection process is completed and provisional list of selected candidates also published on 26.11.2021. The petitioner has approached this Court on the belated stage on 01.11.2021. Therefore, particularly regarding the recruitment process, the petitioner being agreed that he should approach this Court within Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.23965 of 2021 the reasonable time. Therefore, in the present case on hand, the petitioner has not approached this Court within the reasonable time and this Court also following the decision of the High Court of Delhi in the case of Union of India and others vs. Sandeep Kumar Swaroop and others (Writ Petition (Civil) No. 9413 of 2016 dated 01.09.2017) and the decision of this Court in W.P.No.11846 of 2021, dated 05.04.2022, wherein the Court held that delay and laches as well as acquiescence can be a ground to deny benefit to fence sitters. Those who do not approach the Court in a timely and prompt manner can be denied “equal treatment”.
9. In the present case on hand, the petitioner will be treated as a fence-sitter and after the orders have been passed in the similar writ petitions where report has been filed before this Court and the entire selection process is at the completing stage, the instant writ petition has been filed before this Court.
10. According to the learned Additional Advocate General Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.23965 of 2021 appearing for the respondents, the entire selection process has been completed on 26.11.2021 and the next selection process has been commenced by the respondents. Therefore, this Court cannot entertain the writ petition, where it squarely attract the dictum of delay and laches on the part of the petitioner. Therefore, the relief as prayed by the petitioner is negatived and there is no merit in the present writ petition and it is liable to be rejected.
11. In fine, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
08.08.2022
Index :Yes/No
Speaking Order :Yes/No
dm
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W.P.No.23965 of 2021
To
1.The Member Secretary,
The Tamil Nadu Uniformed Services
Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai - 600 008.
2.The Chairman / Member,
Recruitment Sub-Committee,
Tamil Nadu Uniformed Services
Recruitment Board, AR Ground,
Armed Reserve, Vennampatty,
Dharmapuri Center,
Dharmapuri District – 636 701.
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W.P.No.23965 of 2021
D. KRISHNAKUMAR, J.
dm
W.P.No.23965 of 2021
08.08.2022
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