R.Revathi v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.09.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari WP. No. 25456 of 2018 and WMP Nos.29611 and 29616 of 2018 R.Revathi

...Petitioner

Vs.

1. The Chairman, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008.

2. The Chairman, Sub-Committee & Deputy Inspector General of Police, Villupuram Range, Villupuram District.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of certiorarified Mandamus to call for the records connected with the impugned Disqualification slip issued by the 2nd respondent in C.No.R2/5474/2018 dated 18.09.2018 and quash the same and conseqeuntly direct the Respondents to provide an opportunity to the petitioner for running 200 meters in the part of Physical Efficiency Test. For Petitioner : Mr.S.Kanmani For Respondent : Mrs. Narmadha Sampath, AAG, assisted by Mrs.R.Janaki, AGP

ORDER

Heard Mrs.S.Kanmani, the learned counsel appearing for the petitioner and Mrs. Narmadha Sampath, the learned Additional Advocate General, who accepts notice on behalf of the respondent. With the consent of the learned counsel on either side, the Writ Petition is taken up for disposal.

2. The case of the petitioner in this case is that she had applied for the post of Gr-II PC(M&W), Grade II Jail Wardens (M&W), Firemen in different wings of Tamil Nadu Police in the recruitment conducted by the 1st respondent Recruitment Board. Accordingly, she wrote the examination and secured the cut off marks and as such participated in the next rounds of the selection process i.e., Physical Measurement Test, Physical Endurance Test and Physical Efficiency Test. Though the petitioner had cleared Physical Measurement Test and Physical Endurance Test but while taking part in the Physical Efficiency Test, the petitioner was made disqualified for the reason that she stumbled in the ground before reaching the point. Challenging the disqualification slip issued by the respondents to be illegal and arbitrary, the petitioner filed this writ petition seeking a direction to the respondents to provide an opportunity to the petitioner for running 200 meters in the part of Physical Efficiency Test.

3. The learned Additional Advocate General appearing for the respondents, submits that the petitioner has made out no case inasmuch as she had accepted disqualification for having made foul in the said test and hence the writ petition filed by the petitioner is devoid of merit and liable to be dismissed.

4. Considering the facts and submissions made by the learned counsel for the parties, especially the fact that the petitioner herself had endorsed in the disqualification slip accepting the foul, this Court is of the view that the petitioner has prima facie no case and as such the writ petition filed by the petitioner stands dismissed at the stage of admission. No costs. Consequently, the connected miscellaneous petition is also closed.

rka Sd/- Assistant Registrar(CS V) // True Copy// Sub Assistant Registrar To

1. The Chairman, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008.

2. The Chairman, Sub-Committee & Deputy Inspector General of Police, Villupuram Range, Villupuram District.

+1 CC TO M/s.S.KANMANI, ADVOCATE SR 67786 KR/5/10/18 WP.No.25456 of 2018