G.Pravinth, v. The Tamil Nadu Uniformed
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2017 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No. 24183 of 2017 G. Pravinth ...
Petitioner Vs.
1.The Tamil Nadu Uniformed Services Recruitment Board, Rep.by its Member Secretary, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 008.
2.The Chairman, Sub Committee, Coimbatore Centre, Tamil Nadu Uniformed Services Recruitment Board Coimbatore District.
3.The Superintendent of Police Coimbatore District Coimbatore.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, or any other appropriate Writ, order or direction in the nature of Writ, to call for the records of the 2nd respondent in Order C.No.R2/150/2017 dated 01.08.2017 and quash the same and consequently direct the respondents to permit the petitioner to participate in further selection processes forthwith for the common recruitment for the post of Grade-II Police Constables (Men,Women & Third Gender), Grade-II Jail Wardens (Men & Women) and Firemen Force for the year 2017.
For Petitioner : Mr.M. Vijayaragavan For Respondents : Mr.K.Venkataramani Additional Advocate General-VII Assisted by K.Dhananjayan Special Government pleader for RR1 to RR3
O R D E R
The order of disqualification, issued by the respondent, in proceedings dated 01.08.2017, is under challenge in this writ petition.
2.
The learned counsel appearing for the writ petitioner submits that the writ petitioner has submitted his application, pursuant to the recruitment notification, issued for common recruitment for the post of Grade-II Police Constables (Men,Women & Third Gender), Grade-II Jail Wardens (Men & Women) and Firemen Force for the year 2017. The writ petitioner had successfully passed in the written examination and received a call letter, for participating in the Physical Measurement Test, Endurance Test and Physical Efficiency Test. The writ petitioner had participated in the test and succeeded in Physical measurement Test. Subsequently, in the event of rope climbing he has not crossed the minimum required length of 5 meters.
3.
The learned Special Government Pleader appearing on behalf of the respondents contended that the writ petitioner has not crossed the minimum required length of 5 meters, in rope climbing. Therefore, he was disqualified from the selection process and the orders also issued, to that effect, and hence, there is no irregularity in the process of selection. 4.
The rope climbing, high jump, long jump, short put, 100 meters run and 400 meters run are all competitive events and it is for the recruiting agency, to adopt fair and transparent procedures to conduct the process of selection. Hence, this court cannot go into said procedure in this regard. Secondly, the reasonableness and the transparency are followed in the process of selection.
5.
The learned Special Government Pleader has stated that the entire event has been videographed and further, there is no allegation of malpractice and corruption in the process of selection. If there is any specific allegations of malpractice in the process of selection, this court can interfere, with the manner in which, the said competitive tests were conducted. As per the contention of the learned Special Government Pleader the writ petitioner has failed in the event of rope climbing and therefore there is no question of providing second chance, which is not contemplated in the selection procedure.
6. Any writ petition challenging the process of selection can be entertained only in the event of certain malpractices, corruptive activities or if the selection is conducted, contrary to the statutory rules but not otherwise. In
the absence of any of this serious allegation in the process of selection, this Court cannot issue any direction to the recruiting authorities to conduct the physical eligibility test repeatedly.
7. Hence, no further consideration is required in this regard and accordingly the writ petition stands dismissed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rpl To 1.The Member Secretary The Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 008.
2.The Chairman, Sub Committee, Coimbatore Centre, Tamil Nadu Uniformed Services Recruitment Board Coimbatore District.
3.The Superintendent of Police Coimbatore District Coimbatore.
+1 cc to Mr.M.Vijayaraghavan Advocate sr 66205 +1 cc to the Government Pleader sr 67035 W.P.No.24183 of 2017 rj(co) aa05/10/2017