K.Ezhumalai v. Government Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.4346, 4347 and 4348 of 2024 K.Ezhumalai ... Petitioner -Vs1. Government of Puducherry, By its Home Secretary, Chief Secretariat, Goubert Avenue, Puducherry.

2. Government of Puducherry, By it Director General of Police, Police Department, Puducherry.

3. Government of Puducherry, Superintendent of Police I/C, Police Department, Puducherry.

4. Government of Puducherry, By officer on Spl. Duty, Police Department, Puducherry.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India

praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the third respondent in Rejection Slip dated 05.02.2024 issued in the Physical Test conducted pursuant to Recruitment Notification dated 27.10.2023 in No.238/Estt.I(B)/Rectt/HG/2023 to the post of Home Guard and to quash the same and consequently direct the respondents to permit the petitioner to participate in the remaining events for physical test in the said recruitment.

For Petitioner : Mr.J.Srinivasa Mohan For Respondents : Mr.R.Sreedhar Government Advocate

ORDER

This writ petition has been filed challenging the order passed by the third respondent dated 05.02.2024, thereby issued Rejection Slip with regard to physical test conducted in pursuant to the recruitment notification dated 27.10.2023 to the post of Home Guard.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner had participated in the recruitment process for enrolling Home Guards. He was asked to appear for the Physical Test

which consists of 800 mts, Long Jump, High Jump and 100 mts. The petitioner had qualified in the first event. After finishing the same, the petitioner had swooned. Thereafter, the petitioner requested the authority concerned to give some more time to recoup. However, he was not given any time for rest and he was forced to participate in the next event, i.e. Long Jump. Therefore, due to his physical condition, he was unable to qualify in the long jump. Therefore, the candidature of the petitioner was rejected by the Rejection Slip dated 05.02.2024.

4. The learned counsel for the petitioner would submit that immediately the petitioner had submitted a representation seeking one more chance to participate in the second qualification, since he had swooned while attempting the second qualification test.

5. It is seen that the physical test has been completed. That apart, once the petitioner had failed in the qualification test, he cannot be permitted to re-do the same.

6. In view of the above, this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed.

Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

19.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To

1. The Home Secretary,

Government of Puducherry, Chief Secretariat, Goubert Avenue, Puducherry.

2. The Director General of Police, Government of Puducherry, Police Department, Puducherry.

3. The Superintendent of Police I/C, Government of Puducherry, Police Department, Puducherry.

4. Government of Puducherry, By officer on Spl. Duty, Police Department, Puducherry.

G.K.ILANTHIRAIYAN. J, mn

19.02.2024