Madras High Court
S.Velu vs Tamil Nadu Uniformed Services ... on 27 July, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.15323 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.15323 of 2020
and WMP.No.19160 of 2020
S.Velu .. Petitioner
vs.
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. .. Respondents
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 2nd respondent made in C.No.R2/850/2019
dated 05.10.2020 (Disqualification Slip) issued to the petitioner (Enrolment
No.06012958) and quash the same and further directing the 1st respondent to
consider the claim of the petitioner for appointment for the post of Sub
Inspector of Police (Taluk AR and TSP) for the year 2019.
https://www.mhc.tn.gov.in/judis
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W.P.No.15323 of 2020
For Petitioner : Mr.P.Sharath Nair,
For Respondents : Mr.P.Kumaresan,
Additional Advocate General
assisted by
Mrs.Sowmi Dattan,
Standing Counsel for R1 and R2
COMMON ORDER
The petitioner, challenging the impugned disqualification slip issued by the second respondent dated 05.10.2020 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 he successfully qualified in the written examination and Physical Endurance Test and participated in the Physical Measurement Test and he 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, he possess the required eligibility height, but the respondents have not taken correct https://www.mhc.tn.gov.in/judis 2 W.P.No.15323 of 2020 measurement and arbitrarily disqualified him and therefore, challenging the same, he has approached this Court by filing the present writ petition.
3. Mr.P.Kumaresan, learned Additional Advocate General for the first respondent has drawn the attention of this Court to the counter affidavit filed by the first 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 candidates 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, he 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.
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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 process as per the Notification for appointment to the post of Grade II P.C and he has cleared the written examination and was called for Physical Measurement Test / Endurance Test before the respective Sub-Committees and he 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 his height measurements were taken wrongly and therefore, height measurements were taken once again and inspite of the same, they 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 https://www.mhc.tn.gov.in/judis 4 W.P.No.15323 of 2020 interfere with the impugned disqualification slip issued by the second 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
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.
D.KRISHNAKUMAR, J.
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