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Madras High CourtWP(MD)/2997/2023disposed of

Balachandar V v. The Member Secretary

2023-02-15Honourable Mr Justice M.Dhandapani7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.2997 of 2023 and WMP(MD) Nos.2813, 2815 and 2816 of 2023 V.Balachandar ... 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 Chairman/Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai-8.

3.The Superintendent of Police/Sub-Committee Chairman, Seelapadi, Dindigul District.

... 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 disqualification slip passed by the 3rd respondent against the petitioner vide his proceedings dated 06.02.2023 and to quash the same and further directing the respondents to re-measure the height of the petitioner and also permit the petitioner to participate in the physical endurance Test and other recruitment process in the common recruitment to the post of Grade II Police Constable, Grade II Jail Warder, Fireman-2022.

For Petitioner :

Mr.R.Maheswaran 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 third respondent dated 06.02.2023 and for a direction to the respondents to re-measure the height of the petitioner and permit him to participate in the Physical Endurance Test and other recruitment process in the common recruitment to the post of Grade II Police Constable, Grade II Jail Warden, Fireman-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 Combined Recruitment 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 physical measurement test on 06.02.2023. During physical test, after taking height measurement, the petitioner was rejected stating that the height measurement should be 170 cm, however, the height of the petitioner is only 169.0 c.m, by the third respondent vide the impugned proceedings dated 06.02.2023. 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 measured as 169.0 cm. However, his real height is 170 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 169.0 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 Petitions are 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 Chairman/Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai-8.

3.The Superintendent of Police/Sub-Committee, Chairman, Seelapadi, Dindigul District.

M.DHANDAPANI, J.

ssb W.P.(MD) No.2997 of 2023 15.02.2023