M.Arunkumar v. Tamil Nadu Uniformed Services
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.32248 of 2019 and W.M.P.No.32532 of 2019 M.Arunkumar (Enrl.No.0613411) ... Petitioner vs 1.Tamil Nadu Uniformed Services Recruitment Board, Rep.by its Chairman (DGP), 2.The Chairman / Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, ... Respondents 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 order of the respondent made in C.No.R2/850/2019 dated 08.11.2019 (Disqualification Slip) issued to the petitioner (Enrollment NO.0613411) and quash the same and further directing the respondent to consider the claim of the petitioner based on the representation dated 13.11.2019 for appointment for th post of GR.II -PC, Jail Warders and Fireman in the common recruitment 2019.
For Petitioner : Mr.V.M.Venkatramana For Respondents : Mr.V.Kadhirvelu, SPl.G.P.
O R D E R
This Writ Petition is filed for the issuance for the Writ of Certiorarified Mandamus to call for the records relating to the order of the respondent made in C.No.R2/850/2019 dated 08.11.2019 (Disqualification Slip) issued to the petitioner (Enrollment NO.0613411) and quash the same and further directing the respondent to consider the claim of the petitioner based on the representation dated 13.11.2019 for appointment for th post of GR.II -PC, Jail Warders and Fireman in the common recruitment 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 08.11.2019 and his height was measured as manually as 169.7 cms and thereafter, he was sent for 'super check' by the 2nd respondent to measure his height through digital machine, wherein, his height was measured as 169 cms. But according to the petitioner, his actual height was 170.5 cms and therefore, he came to be disqualified in the Physical Measurement Test and the 2nd respondent issued impugned proceedings disqualifying him. Aggrieved by the same, the petitioner is before this Court.
3. The learned Special Government Pleader would submit that the petitioner's candidature came to be rejected for the post since the measurement of his height is below to the required height. He would submit that the petitioner along with 32 other candidates whose height is not upto the norms, were sent for their height measurement 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 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 the Chairperson, Sub Committee, Kanchipuram Centre, Dr.A.
Kumar, M.S., Government General Hospital, Kanchipuram and Additional Superintendent of Police, Head Quarters, Kanchipuram being member, Sub Committee, Kanchipuram District. As per the said proceedings, out of the 33 candidates only 7 amongst them alone were qualified and remaining 26 candidates including the petitioner were found disqualified in the height measurement test taken by the Super Check Officer in the digital height measurement device with video footage coverings. Therefore, the learned Special Government Pleader would submit that is only the petitioner's self claim that he is height of 170 cms and qualified himself, which factually incorrect and hence, he seeks dismissal of the writ petition.
4. Having heard the learned Special Government Pleader and on going through the entire facts of the case, this Court is of the view that the Writ Petition is devoid of merits since, the expert committee has rightly assessed the petitioner's height and rejected his candidature and it is not against the petitioner, but also in respect of other 33 candidates and there is no animosity towards the petitioner by the respondent in order to reject his candidature. Therefore, this Court does not find any grounds to entertain the writ petition.
5. In view of the above, this Writ Petition fails and the same is dismissed. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar jrs To
1. Chairman (DGP),
2.The Chairman / Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, +1cc to Mr.VM.Venkatramana, Advocate Sr.95329 +1cc to the Government Pleader Sr.96576 W.P.No.32248 of 2019 and W.M.P.No.32532 of 2019 ln[co] srg 09/01/2020