Madras High CourtWP(MD)/3036/2023disposed of

Vijayalakshmi v. The Member Secretary

2023-02-15Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.3036 of 2023 and WMP(MD) No.2847 of 2023 Vijayalakshmi ... Petitioner -vs1.The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.

2.The Member, Sub Committee, Madurai Centre, Tamil Nadu Uniformed Services Recruitment Board, Madurai City Armed Reserve Ground, Reserve Line, Madurai-14.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the entire records relating to the impugned order of disqualification slip issued

in CV, PMT & ET pertaining to the petitioner in Enrolment No.8004405 passed by the second respondent dated 07.02.2023 and quash the same as unsustainable and consequently, to direct the respondents to re-measure the height of the petitioner and also permit the petitioner to participate in the next level of selection process in common recruitment for the posts of Grade II Police Constable, Grade II Jail Warders, Firemen-2022, so as to enable the petitioner to get appointment in the above recruitment. For Petitioner :

Mr.S.Balakarthick For Respondents :

Mr.Veera Kathiravan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader

O R D E R

Challenging the impugned disqualification slip issued by the second respondent dated 07.02.2023 and for a direction to the respondents to re-measure the height of the petitioner and permit him to participate in the next level of selection process in the Common Recruitment to the posts of Grade II Police Constables, Grade II Jail Wardens, Firemen-2022, this Writ Petition has been filed.

2. The case of the petitioner is that the first respondent has invited the applications from the eligible candidates for the post of Grade II Police Constables, Grade II Jail Wardens and Firemen-2022 and the petitioner has applied for the above said posts. On completion of the written examination, the petitioner was called for the Original Certificate Verification, physical measurement test and endurance test on 07.02.2023. During physical test, after taking height measurement, the petitioner was rejected stating that the height of the petitioner is only 157.2 cm, by the second respondent vide the impugned proceedings dated 07.02.2023. Challenging the same, the petitioner is before this Court with this writ petition.

3. The learned counsel for the petitioner would submit that the petitioner's height measurement has been noted as 157.2 cm. However, his real height is 160 cm and the Officials of the respondents did not properly measure the height of the petitioner. Hence, challenging the disqualification slip, the petitioner is before this Court. The learned counsel would urge this Court to send the petitioner once again for physical measurement before the

authorities within a reasonable time.

4. The learned Additional Advocate General would submit that initially when height measurement of the petitioner was taken, it was 157.2 cm and thereby the petitioner was disqualified at the initial stage. However, he would submit that if the petitioner wants re-measurement, he may appear in future measurement.

5. In view of the fair submission made by both sides, the petitioner is directed to appear before the appellate authority in future measurement. If the petitioner appeared before the appellate authorities, they shall carry out the measurement once again and pass appropriate orders. However, this order is passed considering the facts and circumstances of the present case and it will not be shown as a precedent for any other case.

6. This Writ Petition is disposed of with the above direction. No costs. Consequently connected Miscellaneous Petition is closed. 15.02.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No ssb To 1.The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.

2.The Member, Sub-Committee, Madurai Centre, Tamil Nadu Uniformed Services Recruitment Board, Madurai City Armed Reserve Ground, Reserve Line, Madurai-14.

M.DHANDAPANI, J.

ssb W.P.(MD) No.3036 of 2023 15.02.2023