K.Veeramani v. The Chairman

In the High Court of Judicature at Madras Dated: 28.09.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 30433 of 2015 and M.P. Nos. 1 and 2 of 2015 K. Veeramani .. Petitioner vs.

1. The Chairman Tamil Nadu Uniformed Services Recruitment Board Pantheon Road Egmore, Chennai 600 008.

2. The Chairman Sub-Committee Armed Reserve Ground Kakuppam, Villupuram.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in connection with the impugned order passed in C.No.R2/315/2015 dated 03.08.2015, quash the same and direct the respondents to send the petitioner for physical measurement test and further direct the respondents to send the petitioner for subsequent stages of selection. For Petitioner : Ms. S. Kalaiselvi for M/s. G. Ilamurugu For Respondents : Mr. P.H. Aravind Pandian Addl. Advocate General assisted by Mr. S.T.S. Murthi Government Pleader.

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O R D E R

(Made by The Hon'ble The Chief Justice) The petitioner failed to make the grade in the physical endurance test qua chest measurement for recruitment as Sub Inspector of Police in the recruitment process notified on 02.08.2015. The measurement of the petitioner was handed over to him on 03.08.2015 and the petition has now been filed on 25.09.2015, after a lapse of seven weeks, alleging that though there was an appellate remedy available, where the event was held and the petitioner sought for that, it was denied to him.

2. We are of the view that indeed if such grievance existed, it should have been brought to the Court earlier and not when the vivavoce is also in progress. Secondly, the appellate remedy has been uniformly applied for in a number of cases which have been brought to our notice and there is no mala fide attributed to any one to show that there was any special reason, why the petitioner would be deprived of that benefit.

3. We are, thus, not inclined to exercise the jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. Consequently, M.P. Nos. 1 and 2 of 2015 are also dismissed. No costs.

-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar

1. The Chairman Tamil Nadu Uniformed Services Recruitment Board Pantheon Road Egmore, Chennai 600 008.

2. The Chairman Sub-Committee Armed Reserve Ground Kakuppam, Villupuram.

+1 cc to Mr.G.Illamurugu,Advocate(sr.52756) W.P. No. 30433 of 2015 sk(co) cp 07/10/2015 https://hcservices.ecourts.gov.in/hcservices/