S.Bharathi v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P.No.6463 of 2023 S.Bharathi ... Petitioner -vs1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, (TNUSRB), Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai - 600 008.

2.Superintendent of Police (Law & Order), Salem District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorified Mandamus or any other or direction in the nature of writ by calling for records and quashing the communication dated 6.2.2023 issued by 1st respondent disqualifying the petitioner by showing that he measured 158.2 c.m in Physical Measurement Test and 158.2 cm in appeal Physical Measurement Test Vide Enrolment No.5400338 in Grade II Police Constable Selection of the year 2022 within the time frame.

For Petitioner : Mr. K.Ravi Anantha Padmanabhan Senior Counsel for Mr.B.Thirumalai 1/4

For Respondents : Mrs.Sowmi Dattan (for R1) Mr. S.Rajesh Government Advocate (for R2)

O R D E R

Heard Mr. K.Ravi Anantha Padmanabhan, Learned Senior Counsel appearing for the Petitioner, Mrs. Sowmi Dattan, Learned Counsel for the First Respondent and Mr. S.Rajesh, Learned Government Advocate for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievances ventilated by the Petitioner is that she has been disqualified during the Physical Measurement Test conducted for Grade II Police Constable Selection of the year 2022. During the earlier hearing on 17.03.2023, this Court passed the following self-explanatory order:- "

Video clippings showing the height measurement taken was displayed on screen in the Court. Though the candidate was visible, her statement accepting the measurement taken was not heard clearly on Video. 2/4

2.

In such circumstances, the Respondent shall conduct a fresh measurement of the height of the Petitioner and video record of the same including the display in the measurement instrument, and produce the same before the Court on the next hearing."

In furtherance to the said order, the First Respondent has filed report dated 23.03.2023 stating that in the re-measurement of the height of the Petitioner conducted on 23.03.2023, it was noticed that her height was 158.2 cm using digital device. As the required height for MBC/DNC women being 159 cm, the disqualification of the Petitioner cannot be faulted and she is not entitled for any relief in this Writ Petition.

4. In fine, the Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.

06.04.2023 ms Index: Yes/No Note: Issue order copy by 31.07.2023.

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P.D. AUDIKESAVALU, J.

ms To

1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, (TNUSRB), Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai - 600 008.

2.The Superintendent of Police (Law & Order), Salem District.

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