K.Thanish Kumar v. The Member Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.3562 of 2024 and W.M.P.No.3818 of 2024 K.Thanish Kumar ....
Petitioner Vs
1. The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road,
2. The Chairperson/Sub Committee, Tamil Nadu Uniformed Services Recruitment Board,
3. The Superintendent of Police, Chairman, Salem District.
....
Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order Disqualification Slip dated 06.02.2024 1/6
issued by the second respondent and quash the same and consequently direct the respondents to conduct Endurance Test for the petitioner to the post of Grade-II Constable/Grade II Jail Warder and Fireman in the Tamil Nadu Uniformed Services Recruitment Board 2023. For Petitioner : Mr.Tamilvanan for Mr.A.Rahul For R1 & R2 : Mr.P.Kumaresan, Additional Advocate General Assisted by Mrs.D.Sowmi Dattan For R3 : Mr.V.Veluchamy Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the disqualification slip of the petitioner dated 06.02.2024 passed by the second respondent, thereby measuring his height as 169.40 cm and disqualify the petitioner from the recruitment to the post of Grade-II Police Constable, Grade-II Jail Warder and Fireman in the Tamil Nadu Uniformed Services Recruitment Board 2023 by the Notification dated 08.08.2023.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
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3. The petitioner had appeared for written examination and subsequently, he passed in the written examination. He had participated in the physical measurement test conducted by the first respondent on 06.02.2022, his height was measured as 170 c.m. As per the selection Notification, the qualified height to the MBC candidates should be 170 c.m. Therefore, he was found to be selected in the physical measurement test. Once again, the petitioner was called for measuring of height by digital mode. In the digital measuring, the height of the petitioner was found as 169.5 and he was disqualified. The petitioner preferred an appeal before the second respondent for re-measurement of his height. There were three measurements shown, while measuring his height. On that ground alone, the petitioner was disqualified to the post of Grade II Police Constable/Grade II Jail Warder and Fireman. Hence, this writ petition.
4. The learned counsel for the petitioner restricted his prayer that the case of the petitioner may be referred before the Medical Board to measure the correct height, since there were three measurements, while measuring his height by manual and digital mode. 3/6
5. Though the petitioner challenges the order of disqualification, this Court is inclined to direct the petitioner to appear before the Regional Medical Board, Government Rajiv Gandhi Medical College and Hospital, Chennai, within a period of two weeks from the date of receipt of a copy of this order. The Dean, Regional Medical Board, Government Rajiv Gandhi Medical College and Hospital, Chennai, is directed to measure the height of the petitioner and give report.
6. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 16.02.2024 Index:Yes/No Speaking Order: Yes Lpp To
1. The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, 4/6
2. The Chairperson/Sub Committee, Tamil Nadu Uniformed Services Recruitment Board,
3. The Superintendent of Police, Chairman, Salem District.
Copy to :
The Dean, Regional Medical Board, Government Rajiv Gandhi Medical College and Hospital, Chennai.
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G.K.ILANTHIRAIYAN, J.
Lpp W.P.No.3562 of 2024 and W.M.P.No.3818 of 2024 16.02.2024 6/6