Madras High Court
D. Pushpavanam vs The Director General Of Police Cum ... on 12 September, 2012
Author: Vinod K. Sharma
Bench: Vinod K. Sharma
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 12/09/2012
Coram
THE HONOURABLE MR. JUSTICE VINOD K. SHARMA
W.P.(MD) No.11899 of 2012
W.P.(MD) No. 11798 of 2012
W.P.(MD) No. 11818 of 2012
and
W.P.(MD) No.11829 of 2012
and
M.P.(MD)Nos.1,1,1 and 1 of 2012
D. Pushpavanam ...... Petitioner in
W.P.(MD)No. 11899 of 2012
Pandiyarajan ...... Petitioner in
W.P.(MD)No.11798 of 2012
A. Logeswaran ...... Petitioner in
W.P.(MD)No.11818 of 2012
P. Rajagopal ....... Petitioner in
W.P.(MD)No.11829 of 2012
Vs
1. The Director General of Police Cum Chairman,
Tamil Nadu Uniform Service Recruitment Board,
Anna Salai, Chennai - 2.
2. Member Sub-Committee,
Tamil Nadu Uniform Service Recruitment Board,
Ramanathapuram District, Ramanathapuram. ....... Respondents in
W.P.(MD)No.11899 of 2012
1. The Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
807, P.Lee, Chengalvaraya Naicker Maaligai,
Anna Salai, Chennai - 600 002.
2. The Chairman / Member of Sub Committee,
Tamil Nadu Uniformed Services Recruitment Board,
Madurai Center, Madurai. ....... Respondents in
W.P.(MD)No.11798 of 2012
1. The Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
807, 2nd Floor, Anna Salai, Chennai - 2.
2. Chairman / Member,
Sub Committee,
Tamil Nadu Uniformed Services Recruitment Board,
807, 2nd Floor, Anna Salai, Chennai - 2. ....... Respondents in
W.P.(MD)No.11818 of 2012
The Chairman / Member Sub Committee,
Tamil Nadu Uniformed Services Recruitment Board,
807, 2nd Floor, Anna Salai, Chennai. ...... Respondent in
W.P.(MD)No.11829 of 2012
W.P.(MD)No.11899 of 2012
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus, to call for the
records pertaining to the proceedings of the second respondent herein made in
his proceedings in Rc.No.R1/4344/2011 dated 25.08.2012 and to quash the same and
consequently direct the respondents to again schedule the Long Jump event in the
Physical Efficiency Test for the petitioner and consequentially consider him for
selection for the common recruitment of Grade II Police Constable / Grade II
Jail Warders / Fireman - 2012.
W.P.(MD)No.11798 of 2012
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order dated 29.08.2012 in Rc.No.R1/4344/2011
passed by the second respondent and quash the same as illegal and consequently
direct the respondents to provide two marks for the petitioner (Serial
No.2410794) in the rope climbing test and allow him to participate in the
further selection process.
W.P.(MD)No.11818 of 2012
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus, to call for the
records on the file of the second respondent in pursuant to the impugned order
passed by him in his proceedings C.No.R1/4344/2011 dated 27.08.2012 and quash
the same as illegal and arbitrary and consequently direct the respondents to
conduct on him a fresh Physical Effiency Test in 400 meters run by a qualified
Physical Director for the appointment to the post of Grade II Police Constables
/ Grade II Jail Warders / Firemen 2012 within the time limit stipulated by this
Hon'ble Court.
W.P.(MD)No. 11829 of 2012:-
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus to call for the
records relating to the impugned order passed by the respondent in his
proceedings in Rc.No.R1/4344/2011 dated 24.08.2012 and quash the same and
further direct the respondent appoint the petitioner in any one of the post of
Grade II Police Constables / Grade II Jail Warders / Firemen Post.
!For Petitioners ... Mr. M. Sridharan in W.P.No.11899/2012
Mr. R. Venkatesan in W.P.No.11798/2012
Mr. S. Baskar Mathuram in
W.P.No.11818/2012
Mr. S. Durairaj in W.P.No.11829 / 2012
^For Respondents ... Mr. M. Govindan
Special Government Pleader
- - - - - - - -
:COMMON ORDER
This Common Order shall dispose of W.P.(MD) Nos.11899, 11798, 11818 and 11829 of 2012, as common question of law and facts are involved.
2. For the sake of brevity, the facts are taken from W.P.(MD)No. 11899 of 2012.
3. The petitioner, after completing higher secondary, did Diploma in Pharmacy in 2010. The petitioner claims to be an athlete right from his childhood itself, and he was keen to join police department. The petitioner appeared for the common recruitment of Grade II Police Constable / Grade II Jail Warders / Fireman 2012. The petitioner qualified the written examination, and was also found to be having physical standard. The petitioner was thereafter subjected to Physical Efficiency Test where he was disqualified, as he failed to qualify in the long jump.
4. According to the instructions issued for selection of the candidate, it is provided as under:-
"Phase II: Physical Efficiency Test:-
43. Each day 750 candidates should be called for PET (Centres are Chennai, Kanchipuram, Dharmapuri, Coimbatore, Thanjavur, Ramnad) and 1000 candidates should be called for PET (Centres are Villupuram, Vellore, Salem, Trichy, Virudhunagar, Dindigul, Tirunelveli, Tuticorin and Madurai. After completion of PET for men candidates, women candidates should be called for Physical Efficiency Test. The PET will start at 06.00 on the day fixed for the event.
44. Deployment of staff will be as shown in Annexure 3.
General Instructions common for all PET events
45. The following are some general instructions applicable to all PET events.
i) Videography shall be arranged for all candidates repeat all candidates for rope climbing, jump and running events. The Sub Committee Chairman should collect the video recording for safe custody which should be properly marked and numbered for easy retrieval later when needed. The video recordings should be labelled mentioning date, time and name of event (s) and sent to the office of TNUSRB on completion of the entire process. This is required to attend to Court cases in case so preferred by any candidate.
ii) The Member should check the identity of the candidates with reference to the photographs on Call letters before allowing them to take the test.
iii) It must also be verified that the candidate has qualified in the previous event. The Coding Sheet should be checked for this.
iv) A candidate is awarded marks as follows.
Star Marks 0 0 1 2 2 5
vi) Men candidates will have to secure atleast 1 Star in each event to be treated as qualified for the next event or stage. For women, participation in each event is a must. The marks will be taken into account but there will be no disqualification for not getting any Star for women.
vii) Briefing should be done to a batch of candidates;
a) Rules to be followed should be explained
1. Write the distance or time, as the case may be, in the boxes provided for the purpose shade the appropriate circles.
2. If the candidate commits foul in rope climbing or in both attempts in jump events or during start in run events (after one caution), no figure will be noted in the boxes meant for recording the performance. In the box for Result, 4 will be written and the circle against Foul will be shaded and candidate disqualified.
3. Sign in the box provided.
4. Get the signature of the Sports Official in the relevant box for jump, run and throw events Viii) Disqualification: Unsuccessful candidates should be given Disqualification Slips and asked to leave the ground. Their signature should be obtained at the end of the Coding Sheet under the words "All the above particulars are correct.
" The original Call letter will be returned to the candidate. The Disqualification Slip should be got signed by the Member in charge. Please refer to the detailed instructions in para 25 regarding procedure for disqualification.
iv) Those who qualify should be sent in batches escorted by a PC or Ministerial staff who will also carry the Coding Sheets, Call Letters and other documents to be handed over to the next counter. The candidates should not be allowed to move around on their own nor should the documents be handed over to them.
Men Candidates
46. The candidates should be assembled and led through the events in convenient batches in the following sequence.
i) Rope Climbing
ii) Jump (Long Jump or High jump according to the candidate's choice)
iii) Run (100 m or 400 m according to the candidate's choice) Rope Climbing
47. One ADSP or DSP/ACP (Member) should be in-charge of this event.
Height Climbed Stars Marks Less than 5 metres 0 0 (Disqualified) 5 Metres 1 2 6 Metres 2 5
48. Minimum 2 to 3 ropes of usual specification (approximately 5 inches in diameter) should be used.
49. Different colour markings for 1 star and 2 star standards may be made in the rope
50. 1 - Star and 2 - Stars markings should be made taking measurement from the ground level (where the candidates stand near the rope before climbing) at 5 metres and at 6 metres respectively. Such calibration should be made in the presence of the Chairman, before commencement and could be verified from time to time as required.
51. The ground below the ropes should be provided with a rubber or cushion mat for the sake or safety of the candidates who may fall down while getting down. In no mat or cushion is available adequate soft sand safety measures should be used.
52. Procedure to be followed:
i) The Candidates should be briefed on the following lines:
a) only one chance is given for this event.
b) The candidates have to climb the rope using their hands only.
The Candidates have to climb the rope using their hands only. They should not use their feet or any other part of the body while climbing up. They should not cling to the rope with legs or thighs, but mere touching of legs or other parts of the body on the rope is not a disqualification. If the candidate violates these conditions, he will be treated as having committed a Foul and this will tantamount to disqualification.
c) The candidates should place their chin just above the markings of either 1-star or 2-star standards to show that they have clearly reached either 1-star or 2-stars standard.
d) If a candidate does not obtain a minimum of 1-star (2-marks) standard, he would be disqualified.
53.Qualified candidates should be sent to the long jump / high jump events under escort and no stage should the Coding sheet be allowed to be carried by the candidate or even fall in the hands of the candidate.
54. Entries should be made and shading to be done by the Member/Dy.Superintendent of Police in-charge of the event. Under the heading Result of Rope Climbing corresponding entries should be made in the space provided wherein the appropriate circle should also be shaded.
Jumps
55. An ADSP or DSP/ACP (Sub Committee member will be in charge of the event.
56. The candidate may choose either long jump or high jump. The option of the candidate should be obtained before the commencement of the jump event by the Member of the Sub Committee and it should be written and shaded in the coding sheet at the appropriate box as instructed in the Coding Sheet. The candidate is not permitted to change his option at a later stage.
57. For Long jump, the pit should me kept ready by laying sufficient sand. The runway to the jumping board should be will levelled. Two long jump pits may be utilise.
58. only one candidate should be allowed to jump at a time.
59. Chalk powder marking should be done to show the length of jump required to achieve 1 star and 2 stars standard. Small flag posts may also be kept at either end of the line in the pit to indicate the stars standard.
60. In order to measure the jump in the long jump event it is suggested that a metal measuring tape may be nailed to the pit along the side with zero nailed to the starting point of the jump.
61. Two Chances should be given for long jump / high jump to each candidate. The distance covered each time should be recorded in a register to be maintained for this purpose. If the candidate commits foul (crossing the foul line or take-off line before the jump) in both attempts during long jump, his jumps will be treated as Foul. Similarly, if the candidate dislodges the bar in high jump in both attempts, his attempts will be treated Foul. In these cases, the boxes meant for recording the performance will be left blank and the Result will be shown as '4" with the circle against "Foul" being circled.
62. The best jump out of 2 chances, must be noted in the coding sheet and then the "stars" and "marks" should be entered in accordance with the standards given below:
Long Jump Stars Marks Less than 3.80 0 0 (Disqualified) metres or Foul 3.80 Metres 1 2 4.50 Metres 2 5 High Jump Stars Marks Less than 0 0 (Disqualified) 1.20 metres or Foul 1.20 Metres 1 2 1.40 Metres 2 5 A Register may be maintained and filled up as shown in Annexure 13. The register may be countersigned by the member in-charge of the event and sent to the TNUSRB on completion of the PMT/PET along with the coding sheet.
63. A candidate is qualified only when he gets a minimum of 1-star in this event.
64. Those who qualify in the jump event should be sent to the running event under proper escort.
Running
65. The Superintendent of Police who is the Convener of the Sun Committee will be in-charge of this event.
66. The Candidates may choose either 100 mtrs. Or 400 mtrs. The option of the candidate should be obtained before the commencement of the running event by the Member of the Sub Committee and it should be written and shaded in the coding sheet in the appropriate box provided, in accordance with the instructions on the OMR sheet. The candidate is not permitted to change his option.
67. One Deputy Superintendent of Police/Asst. Commissioner of Police/Asst. Commandant should be in-charge at the starting point, assisted by supporting staff.
68. There should be a 6-8 tracks kept ready for 100/400 mtrs run. The tracks should be well levelled and lanes clearly demarcated. Only one person should be allowed to run in one track.
69. The Superintendent in-charge of the counter will properly receive the coding sheets from the officials of Jump Events by maintaining a register.
70. No buckshot should be used for the start of the running event. Whistle and flags shall be used.
71. Each Sports Officer at the finishing point may be given charge of one candidate to record the time using stopwatch. Superintendent of police should supervise the conduct of the event.
72. Video recording should be arranged.
73. Chest Numbers written in cloth should be worn by each participant both in the front and in the back.
74. Entries must be made in the coding sheet with initials by the Superintendent of Police in-charge of the running event, positioning himself/herself at the finishing point.
75. A candidates who makes a foul start will be cautioned not to repeat it and the event started afresh. If the candidate makes a foul for the second time, no timing will be noted for him in the Coding Sheet and the Result will be shown as "4" and the circle against "Foul" will be shaded.
76. At the end of each race, the runners should be first lined up in the order in which they finished the race. Their marks and timings should be noted in this order only.
77. A video camera should be fixed to a tripped, and the complete race from start to finish should be recorded. For 400 meters run the same arrangement can be continued, so that the last 100 meters run by the candidates is recorded.
78. No second chance is allowed in the running event. A candidate has to secure a minimum of 1-star in this event.
79. A candidate is declared qualified in Physical Efficiency Test only when he secures a minimum of 1-star in each of the 3-events in which he is participating.
100 Metre run Stars Marks More than 15.00 0 0 Sec or Foul 15.00 Sec or Less 1 2 13.50 Sec or Less 2 5 400 Metre run Stars Marks More than 80.00 0 0 Sec or Foul 80.00 Sec or less 1 2 70.00 Sec or less 2 5 Women Candidates
80. The General instructions given in paragraph 45 should be kept in mind and followed.
81. Physical efficiency test is not a qualifying test for women. All the candidates should be subjected to all the 3 events of Physical Efficiency Test. But nobody should be disqualified even if she does not secure minimum of 1- star (2 marks) in any event.
82. Actual performance of the candidates in each of the 3 events of Physical Efficiency Test and corresponding number of Star / Stars and marks obtained will be recorded/shaded in the Coding Sheet.
83. If a candidate does not secure minimum marks prescribed in any one or all the 3 events, Zero (0) mark may be indicated against the corresponding event.
84. The Chairman of the Sub - Committee will supervise the Physical Efficiency Tests while each of the 3 Members will be in-charge of one event.
Long Jump
85. One ADSP or DSP/ACP (Member) should in-charge of this event. The other instruction with regard to the jumps would remain the same except that;
1. No Women candidate would be disqualified in this event.
2. The best jump out of 2 chances, must be noted in the coding sheet and then the "stars" and "marks" should be entered in accordance with the standards given below.
Long Jump Stars Marks Less than 3.25 0 0 metres or Foul 3.25 Metres 1 2 3.75 Metres 2 5
86. All the candidates irrespective of the stars secured by them will be sent for the next event.
Throw Event
87. One ADSP or DSP/ACP (Member) should in-charge of this event.
88. The candidate may choose either shot-put or cricket ball throw. The option of the candidate should be obtained before the commencement of the throw event by the Member of the Sub Committee and it should be written and shaded in the coding sheet in the appropriate box provided. The candidate is not permitted to change her option.
89. Only one chance is given. No Second chance should be given.
90. 2 shotput balls (4 kgs) and cricket balls (5 + oz) should at least be made available at each centre.
91. The filed earmarked for shotput event and cricket ball throw event should be well away from each other to avoid any mishap.
92. Stars and Marks will be awarded as given below.
Cricket Ball Stars Marks throw Less than 17 0 0 metres or Foul 17 Metres 1 2 21 Metres 2 5 Shot Put Stars Marks Less than 4.5 0 0 metres or Foul 4.5 Metres 1 2 5.5 Metres 2 5
93. Irrespective of whether the candidate secures stars or not, she will be allowed to proceed to the next event.
Running
94. The Superintendent of Police who is the Member of the subcommittee will be in-charge of this event.
95. The candidate may choose either 100 mtrs. Or 200 mtrs. The option of the candidate should be obtained before the commencement of the running event by the Member of the Sub Committee and it should be written and shaded in the coding sheet in the appropriate box provided, in accordance with the instructions on the OMR sheet. The candidate is n ot permitted to change her option.
96. One Deputy Superintendent of Police / Asst. Commissioner of Police / Asst. Commandant should be in-charge at the starting point, assisted by supporting staff.
97. There should be 6 -8 tracks kept ready for 100/200 mtrs Run. The tracks should be well levelled and lanes clearly demarcated. Only one person should be allowed to run in one track.
98. The Superintendent in-charge of the counter will properly receive the coding sheets from the officials of jump events by maintaining a register.
99. No buckshot should be used for the start of the running event. Whistle and flags shall be used.
100. Each Sports Officer at the finishing point may be given charge of one candidate to record the timing sing stop watches. Superintendent of Police should supervise the conduct of the event.
101. Video recording should be arranged.
102. Chest Numbers written in cloth should be worn by each participant both in the front and in the back.
103. Entries must be made in the coding sheet with initials by the Superintendent of Police in-charge of the running event, positioning himself/herself at the finishing point.
104. A candidate who makes a foul start will be cautioned not to repeat it and the event started afresh. If the candidate makes a foul for the second time, her timing will not be noted and Result will be shown as "Foul".
105. At the end of each, race, the runners should be first lined up in the order in which they finished the race. Their marks and timings should be noted in this order only.
106. A video camera should be fixed to a tripod, and the complete race from start to finish should be recorded. For 200 metres run the same arrangement can be continued, so that the last 100 meters run by the candidates is recorded.
107. No second chance is allowed in the running event.
108. Stars and Marks will be awarded as follows:
100 Metre run Stars Marks More than 16.5 0 0 Sec or Foul 16.5 Sec or Less 1 2 15.5 Sec or Less 2 5 200 Metre run Stars Marks More than 36 Sec 0 0 or Foul 36 Sec or less 1 2 33 Sec or less 2 5 Supervision
109. The Chairman of the Sub Committee should constantly monitor the proceedings. He should also carry out random checks of measurements and records.
110. The Super-check Officer should also carry out random checks of atleast 10 measurements and records. He must send his proceedings on his findings to the board. He may also comment on the adequacy of amenties provided and arrangements made.
Conclusion of Tests
111. On conclusion of all the tests, the column "E. Result of the PET" will be filled p in the OMR Coding Sheet. The P.A will supervise this work and see that the following entries are made and appropriate circle shaded.
i) Total Stars
ii) Total Marks
iii) Result of the Physical Efficiency Test
112. Even if a candidate has been disqualified (in the case of men candidates) in one or more events, the total stars and total marks will be entered but the result of the PET will be noted as Disqualified.
113. If a candidate is absent for one or more events, he or she will be treated as disqualified in this box.
114. The Chairman and all the Members will sign in all the Coding Sheets, irrespective of whether the candidate is qualified in all stages or is disqualified in any stage.
115. The signature of the candidate should be obtained in the second page under the words "All the above particulars are correct."
116. To allot marks for NCC, NSS and SPORTS, the Sub-Committee Chairman is requested to verify the original certificates produced by the qualified candidates, after completion of Physical Efficiency Tests, and forward the copies of relevant certificates to TNUSRB after duly attesting them. Either the Chairman or one of the members only should attest these certificates. Copy of the relevant certificate enclosed along with the application only is admissible for verification. No new certificates can be entertained."
5. Rule 112 clearly stipulated, that if a candidate is disqualified in one or more events, the total stars, and total marks will be entered, but the result of the PET will be noted as Disqualified.
6. The learned counsel for the petitioners vehemently contended, that the report about the performance of the petitioners is not correct, as the petitioners had in fact qualified in Rope Climbing, Long Jump and running etc., It is also the contention of the learned counsel for the petitioners, that for the reasons best known to the respondents, the Physical Efficiency Test was not video graphed, which was the normal practice. Therefore, the impugned orders cannot be sustained.
7. On consideration, I find no force in these writ petitions.
8. Once one of the conditions was that a candidate was required to qualify all the tests, and failure in any one would result in disqualification, no fault can be found with the impugned order.
9. The submission of the petitioners, that findings have been wrongly recorded cannot be accepted, as the result is duly signed by each of the candidates without any protest or grievance. No merits. "Dismissed".
No costs.
Consequently, the connected M.P.(MD)Nos.1,1,1 and 1 of 2012 are closed.
Dpn/-
To
1. The Director General of Police Cum Chairman, Tamil Nadu Uniform Service Recruitment Board, Anna Salai, Chennai - 2.
2. Member Sub-Committee, Tamil Nadu Uniform Service Recruitment Board, Ramanathapuram District, Ramanathapuram.
3. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, 807, P.Lee, Chengalvaraya Naicker Maaligai, Anna Salai, Chennai - 600 002.