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Madras High CourtWP/31769/2019dismissed

Karthi Selvam.M. v. The Chairman,

2019-11-14Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31769 of 2019 and W.M.P.No.31997 of 2019 Karthi Selvam.M .. Petitioner vs The Chairman / Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai-600 008.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the Disqualification Slip issued in C.No.R2/850/2019 dated 06.11.2019 and quash the same and consequently direct the respondent to quash the same and consequently direct the Respondent to declare the petitioner herein as qualified in Physical Measurement test for the posts of Grade-II Police Constable, Grand-II Jail Warders and Fireman for the year 2019. For Petitioner : Ms.B.Aparna For Respondents : Mrs.Narmadha Sampath Additional Advocate General for Mr.V.Kadhirvelu Special Government Pleader

O R D E R

This Writ Petition is filed for the issuance for the Writ of Certiorarified Mandamus calling for the records relating to the Disqualification Slip issued in C.No.R2/850/2019 dated 06.11.2019 and quash the same and consequently directing the respondent to quash the same and to direct the Respondent to declare the petitioner herein as qualified in Physical Measurement test for the posts of Grade-II Police Constable, Grade-II Jail Warders and Fireman for the year 2019.

2. According to the petitioner, he applied for the post of Grade II Police Constable, Grade II Warder and Fireman pursuant to the notification issued by the respondent board. It appears that he attended the physical measurement test on 06.11.2019 and his height was measured as 170 Cms which is required as per the norms fixed by the respondent board. However, the petitioner was again called and his height was measured as 169.5 Cms which is below to the norms fixed by the respondent. Therefore, he came to be disqualified in the Physical Measurement Test. Aggrieved by the same, he preferred an appeal to the concerned authorities but there was no reply. Therefore, challenging his disqualification, the petitioner is before this Court.

3. A status report has been filed on behalf of the respondent wherein it has been categorically stated that the petitioner's candidature came to be rejected for the post since the measurement of his height is below to the required height. In Paragraph 2 of the Counter Affidavit, the reasons for disqualification to the petitioner have been stated in detail which extracted as under:

2. It is submitted that the petitioner along with 32 other candidates having such discrepancies and applied for appeal over the same on 06.11.2019 before the Super Check Officer of Kanchipuram Centre i.e. the Inspector General of Police, North Zone, Chennai and height measurement was carried on by him under digital height measurement device covered by video footage for all the said 33 candidates on 06.11.2019. The height measurement of the said petitioner again showed as he fall short by the required height by the Board. The said height in Physical measurement test was checked by the Chairperson, Sub Committee, Kanchipuram Centre i.e. myself along with the Medical Officer of Government Head Quarters Hospital, Kanchipuram and member Sub Committee of Kanchipuram Centre i.e. Additional Superintendent of Police, Head Quarters, Kanchipuram.

The said Super Check Officer i.e. the Inspector General of Police, North Zone, Chennai i.e. the Appellate Authority herein has issued the proceedings in C.No.A2/4976/2019 dated 06.11.2019 duly signed by myself as Chairperson, Sub Committee, Kanchipuram Centre, Dr.A.Mohan Kumar, M.S., Government General Hospital, Kanchipuram and Additional Superintendent of Police, Head Quarters, Kanchipuram being member, Sub Committee, Kanchipuram District.

were found disqualified in the height measurement test taken by the Super Check Officer in the digital height measurement device with video footage coverings. Hence, I, being Chairperson, Sub Committee of the Tamil Nadu Uniformed Service Recruitment Board, Kanchipuram Centre, issued the Disqualification Slip in Physical measurement test in C.No.R2/850/2019 dated 06.11.2019 to the petitioner."

Since, the expert committee as rightly assessed the petitioner's height and rejected his candidature, this Court cannot interfere with the decision of the expert committee.

4. In view of the above, this Writ Petition fails and the same is dismissed. No costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar bkn To The Chairman / Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai-600 008.

+1 CC to M/s.B. Aparna, Advocate sr 94862.

+1 CC to The Govt. Pleader sr 95131.

W.P.No.31769 of 2019 and W.M.P.No.31997 of 2019 GP(CO) SP(06/01/2020)