V.Jagadish Kumar, v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.34867 of 2012 and M.P.No.1 of 2012 V.Jagadish Kumar, S/o.M.Varudharaji ... Petitioner Vs.

1. The Director General of Police, Mylapore, Chennai - 4.

2. The Commissioner of Police, Salem Commissionerate, Salem.

3. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Anna Salai, Chennai - 2.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, calling for records relating to the order of the second respondent made in Na.Ka.No.A2/11838/2012 dated 04.12.2012, quash the same and consequently direct the respondents to re-examine the petitioner for medical fitness and to appoint him as Grade -II Police Constable with all benefits.

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For Petitioner :

Ms.N.R.Jasmine Padma For Respondents :

Mr.S.Rajesh Government Advocate ******

ORDER

The writ petition is filed challenging the order dated 04.12.2012, in an by which, the petitioner's candidature for the post of Police Constable Grade - II was rejected for medical reasons i.e., "Bilateral Flat Foot" (L) > (R)".

2. The case of the writ petitioner is that, it was a hasty and colorable exercise of the respondent and on his own, he went to Professor/ Orthopaedics Surgeon and upon medical examination he has opined that the petitioner does not suffer from "Bilateral Flat Foot".

3. On a perusal of the certificate issued by the said expert reads as follows:

"Medical Certificate This is to certify that Mr.Jagadeesh Kumar age 26 years old residing at No.12/8, Srirangan New Street, 2/4

Dadagapatty, Salem had been afflicted with mild flat foot defects on left foot - examined the foot only clinically. O/E Right Foot - Normal Left Foot - Mild flat foot - on standing toes plantar Curvature appears able to walk and run.

Yours Sincerely sd/- Dr.S.Elangovan,M.S(Ortho)D.Ortho., Regd. No.24214"

4. Therefore, even as per the said certificate, it does not state that the petitioner does not have the alleged defect, but it is only the petitioner, who himself draws a conclusion that the expert report opined to the contrary. Therefore, finding no merits, this writ petition is dismissed. No costs. Connected miscellaneous petition is closed. 26.02.2024 Index: Yes Speaking Order: Yes mp 3/4

D.BHARATHA CHAKRAVARTHY, J.

mp To

1. The Director General of Police, Mylapore, Chennai - 4.

2. The Commissioner of Police, Salem Commissionerate, Salem.

3. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Anna Salai, Chennai - 2.

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