Madras High Court
C.Venkatesh Kumar vs The Chairman on 30 November, 2023
Author: M.S. Ramesh
Bench: M.S. Ramesh
W.P.No.33648 of 2023
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 30.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.33648 of 2023
and WMP No.33488 of 2023
C.Venkatesh Kumar ...Petitioner
Vs
1. The Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
Pantheon Road, Egmore,
Chennai-08.
2. The Chairman,
Sub-Committee,
Armed Reserve Ground Kakuppam,
Villupuram ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to Redo the Physical
Efficiency test conducted on 08.11.2023 and further direct the respondents to
send the petitioner for subsequent stages of selection.
For Petitioner : Mr.Ali Hassan Khan
For Respondents : Ms.D.Sowmi Dattan
Standing Counsel
https://www.mhc.tn.gov.in/judis
1/4
W.P.No.33648 of 2023
ORDER
Heard Mr.Ali Hassan Khan, learned counsel for the petitioner and Ms.D.Sowmi Dattan, learned Standing Counsel appearing for the respondents. With the consent of both the parties, the main writ petition has been taken up for final disposal.
2. The limited prayer sought for in the present writ petition is for a direction to the respondents to give petitioner another opportunity to participate in the Physical Efficiency test on the ground that the date when the Physical Endurance Test was conducted for rope climbing and long jumping, there was heavy rain and the track in which the tests were conducted was not conducive and the respondents had also thereafter shifted the place of tests to some other venue, wherein, the petitioner herein was not given opportunity.
3. Earlier, when similarly placed candidates had approached this Court, seeking for another opportunity to participate in the Physical Endurance Test, the respondents have informed the Court that they are conducting one more Physical Endurance Test on 29.11.2023 and 30.11.2023 at A.R.Grounds, Trichy till 5.00 p.m. In this background, similarly placed candidates were permitted to participate in the Physical Endurance Test on these two days. https://www.mhc.tn.gov.in/judis 2/4 W.P.No.33648 of 2023
4. By taking into account the submissions made by the learned counsel for the petitioner and that there was heavy rain on that date when the tests were conducted and also the respondents have changed the testing track after some time and the petitioner was not given opportunity in the new track, this Court is of the view that the petitioner can be permitted to participate in the Physical Endurance Tests to be conducted today.
5. Accordingly, there shall be a direction to the respondents to permit the petitioner to participate in the Physical Endurance Tests for rope climbing and long jumping to be conducted today at A.R.Grounds, Trichy before 5.00 p.m.
6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
30.11.2023 1/3 Index:Yes/no Speaking order/non-speaking order sr Note: i)Issue Order Copy Today.
ii) The learned Standing Counsel is called upon to intimate the present order to the respondents forthwith. https://www.mhc.tn.gov.in/judis 3/4 W.P.No.33648 of 2023 M.S.RAMESH,J., sr To
1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai-08.
2. The Chairman, Sub-Committee, Armed Reserve Ground Kakuppam, Villupuram W.P.No.33648 of 2023 1/3 30.11.2023 https://www.mhc.tn.gov.in/judis 4/4