R.Gokulakannan v. The Government Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2017 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WRIT PETITION No.23785 of 2017 and W.M.P.No.25007 of 2017 R.Gokulakannan .. Petitioner Vs.
1.The Government of Tamil Nadu Home Department, Fort St.George, Chennai-600 009.
2.The Chairman, Tamil Nadu Uniformed and Service Recruitment Board, Old Commissioner of Police Office Compound, Pantheon Road, Egmore, Chennai-600 008.
3.The Member Secretary, Tamil Nadu Uniformed and Service Recruitment Board, Old Commissioner of Police Office Compound, Pantheon Road, Egmore, Chennai-600 008.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus,calling for records of the respondents 2 & 3 in connection with the recruitment to the post of Grade-II Police Constable, and quash the order of the 2nd respondent in C.No.R2/150/2017 dated 05.08.2017 and direct the respondents 2 and 3 to conduct a fresh Physical Efficiency Test for the petitioner in 100 meters running event.
For Petitioner : Mr.Selva Raj for Mr.S.Vijaya Kumar For Respondents: Mr.K.Venkata Ramani Addl. Advocate General - VII Assisted by Mr.K.Dhananjayan Special Government Pleader
O R D E R
The order of disqualification in respect of Physical Efficiency Test dated 05.08.2017 is under challenge in this writ petition.
2. The writ petitioner, pursuant to the notification for recruitment to the post of Grade-II Constable, appeared in the written examination.
Having succeeded in the written examination, he received a call letter for Physical Fitness Test/Endurance Test/Physical Efficiency Test conducted on 05.08.2017. The petitioner has participated in all the tests and declared as not qualified in 100 meters running. The writ petitioner has not completed the 100 meters running within the prescribed time limit. Thus, he was disqualified. 3.
The learned Additional Advocate General Mr.K.Venkataramani appeared in this matter informed this Court that the Video Clippings are available in respect of the event of 100 meters running in which the writ petitioner had participated. The learned counsel appearing for the writ petitioner Mr.Selvaraj was permitted to view the video clippings and accordingly, the learned counsel viewed the same. Thus, this Court is of the opinion that there is no irregularity or illegality in the process of selection as alleged in the writ petition. Further, with regard to the merit assessment, it is for the competent authorities of the Selection Committee to arrive at a conclusion and the judicial review in this regard are limited. The relative merits are always subject to the satisfaction and the yardsticks and the Rules prescribed for completion of the events. Thus, the other grounds raised in this writ petition cannot be considered, in view of the fact that the writ petitioner was not qualified in the event of 100 meters running and there is no infirmity in the order of rejection as such.
4. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar kak
To 1.The Government of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009.
2.The Chairman, Tamil Nadu Uniformed and Service Recruitment Board, Old Commissioner of Police Office Compound, Pantheon Road,Egmore, Chennai-600 008.
3.The Member Secretary, Tamil Nadu Uniformed and Service Recruitment Board, Old Commissioner of Police Office Compound, Pantheon Road,Egmore, Chennai-600 008.
+1cc to Government Pleader in sr.no.64082 WRIT PETITION No.23785 of 2017 RSI(CO) NR 04/10/2017