Sithara M v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY W.A.(MD)No.SR 8863 of 2025 M.Sithara
...Petitioner(s)
Vs 1.The Government of Tamil Nadu, Rep.by its Secretary to Home Department, Fort St.George, Chennai-600 009.
2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-4.
3.The Joint Commissioner of Police cum the Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
4.The Chairman, Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Rajarathinam Stadium Centre, Egmore, Chennai-600 008.
5.The Inspector General of Police/Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
...Respondents
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PRAYER in C.M.P.(MD)No.2254 of 2024: Petition-filed Under Clause 5 of the Limitation Act, to condone the delay of 936 days in filing the writ appeal. Prayer in W.A.(MD)No.SR85018 of 2024:Writ Appeal- filed under Clause 15 of the Letters Patent Act, to set aside the order in W.P.(MD)No.15635 of 2021 dated 24.03.2022.
For Appellant : Mr.G.Karthik For Respondents : Mr.M.Sarangan Additional Government Pleader
ORDER
J. NISHA BANU,J.
S.SRIMATHY,J.
This petition is filed to condone the delay of 936 days in filing the above writ appeal against the order of this Court dated 24.03.2022 in W.P. (MD)No.15635 of 2021.
2.The petitioner petitioner participated in the selection process to the post of Grade-II Police Constable and was successful in the written examination. Thereafter, she attended the physical endurance test, namely long jump. It is the contention of the petitioner that she was compelled to jump on the normal ground without any safety measures. Therefore, his right leg was broken and ultimately 2/5
she was disqualified. Challenging the rejection of her candidature, she filed the writ petition contending that no adequate safety measures were made for the long jump. The writ Court dismissed the writ petition holding that when several candidates participated in the long jump, which is one of the events in the physical endurance test, the petitioner cannot make an allegation that due to inadequate safety measures, she got failed in the long jump. 3.Having participated in the selection and passed in the running event, the petitioner cannot turn around and contend that there was no adequate measures given for long jump. The writ Court has rightly dealt with the contention of the petitioner and dismissed the writ petition. 4.
As far as the delay of 936 days in filing the appeal is concerned, except stating that the certified copy of the impugned order was misplaced and the petitioner could not mobilise funds, no satisfactory reason is assigned to condone the inordinate delay of 936 days. The petitioner has to offer reason for each and every day delay, which is conspicuously absent. It is also to be noted that the petitioner has questioned the selection of the year 2017-18 in the year 2025. The learned Additional Government Pleader states that the selection process is also completed. Thus, even on merits, the petitioner has no case.
5.Accordingly, this Civil Miscellaneous Petition is dismissed. Consequently, the Writ Appeal is also rejected at the SR stage itself. No costs. (J.N.B.,J.) (S.S.Y.,J.) 17.02.2025 Index : Yes/No Internet : Yes/No ta To 1.The Secretary to Home Department, Fort St.George, Chennai-600 009.
2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-4.
3.The Joint Commissioner of Police cum the Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
4.The Chairman, Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Rajarathinam Stadium Centre, Egmore, Chennai-600 008.
5.The Inspector General of Police/Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
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J. NISHA BANU,J.
S.SRIMATHY.
ta W.A.(MD)No.SR 8863 of 2025 17.02.2025 5/5