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Madras High CourtWP/7393/2023disposed of

Sivajothi v. The Chairman

2023-04-03Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No.7393 of 2023 Sivajothi ... Petitioner -vsThe Chairman Tamil Nadu Uniformed Services Recruitment Board Old Commissioner of Police Office Pantheon Road, Egmore Chennai 600 008.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus to call for the records in Disqualification slip Annexure 9 dated 07.02.2023 issued by the Respondent and quash the same further direct the Respondent to conduct a fresh physical test to the petitioner (Enrollment No.5800296) for the post of common recruitment of Gr.II PCS, Gr.II JWS and Fireman 2022. For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondent :

Mr.P.Kumaresah Additional Advocate General assisted by Mrs.Sowmi Dattan 1/5

O R D E R

Heard Mr. P.Muthamizh Selvakumar, Learned Counsel for the Petitioner and Mr. P.Kumaresah, Learned Additional Advocate General appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner had participated in the recruitment to the post of Grade II Police Constables, Jail Warders and Fireman for the year 2022. Since her height was recorded as 158.4 cms on 07.02.2023 during the recruitment process, she was disqualified from further participation, which is challenged in the Writ Petition.

3.

This Court during the earlier hearing on 17.03.2023 had passed the following self-explanatory order:- " Video clippings showing the height measurement taken was displayed on screen in the Court, in which the Petitioner is heard confirming her height as 158.4 cm., but display on the measurement instrument was not visible.

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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.

Post the matter under the caption 'USRB Recruitment Batch' on 29.03.2023."

The Respondent has filed a report dated 23.03.2023 in furtherance to the aforesaid order, in which, it has been stated as follows:- "5.

It is submitted that in compliance to the above interim order, an endorsement was sent to the Petitioner instructing her to report at TNUSRB on 23.03.2023 at 11.00 a.m. for re-measurement of height. On 23.03.2023, the Petitioner appeared at the Board for re-measurement of her height. The Petitioner was measured as 159.8 cm using a Digital Height Measurement Device. The required height for BC women being 159 cms, she has qualified the height measurement test. The Petitioner will be allowed for subsequent stages during the next physical test that will be 3/5

conducted by the Board and intimation in this regard will be sent to her in advance."

In view of the subsequent events, nothing remains for further consideration in the matter.

In fine, the Writ Petition is disposed. No costs. 03.04.2023 kst Index: Yes/No Note: Issue order copy by 31.07.2023 To The Chairman Tamil Nadu Uniformed Services Recruitment Board Old Commissioner of Police Office Pantheon Road, Egmore Chennai 600 008.

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P.D. AUDIKESAVALU, J.

kst 03.04.2023 5/5