Madras High CourtWP(MD)/3086/2023disposed of

Jayaraman v. The Chairman

2023-02-22Honourable Mr Justice M.Dhandapani7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)Nos.2872 and 2873 of 2023 Jayaraman ... Petitioner Vs.

1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

2.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore Chennai.

3. The Chairperson, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore Chennai.

4.The Member Tamil Nadu Uniformed Services Recruitment Board, Recruitment Sub Committee Madurai Centre, Madurai.

5.The Administrative Officer, Tamil Nadu Uniformed Services Recruitment Board, Recruitment Sub Committee Madurai Centre, Madurai.

6.The Superintendent of Police, Madurai District, Madurai.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the entire records relation to the impugned disqualification slip dated 06.02.2023 issued by the respondents 3 to 6 and to quash the same as unsustainable and consequently to direct the respondents to re-measure the height of the petitioner and also to permit the petitioner to participate in the next level of the selection process in common recruitment for the posts of Grade II Police Constable/Grade II Jail Warders/Firemen-2022 so as enable the petitioner to get appointment in the above recruitment. For Petitioner :

Mr.MS.Jeyakarthick For Respondents :

Mr.Veerakathiravan 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 respondents 3 to 6 and for a direction to the respondents respondents to remeasure the height of the petitioner and also to permit the petitioner to participate in the next level of the selection process in common recruitment for the posts of Grade II Police Constable/Grade II Jail Warders/Firemen-2022 so as enable the petitioner to get appointment in the above recruitment, this Writ Petition has been filed.

2. The case of the petitioner is that pursuant to the notification dated 30.06.2022 issued by the Tamil Nadu Uniformed Services Recruitment Board for the post of Grade-II Police Constable, Grade-II Jail Warden and Fireman-2022, the petitioner has applied for the post of Grade II Constable. On completion of the written examination, he was called for for Certificate Verification and physical standard verification on 06.02.2023. During physical test, after taking height measurement as 169.1 cm, and the

petitioner was rejected stating that the height measurement should be 169.1 cm. However, on appeal, again re-measurement was taken and the same has not been informed to the petitioner. When the petitioner's height is 170 cm, the measurement made and the impugned rejection made is not sustainable and hence, challenging the same, the petitioner is before this Court with this Writ Petition.

3. The learned counsel appearing for the petitioner would submit that the petitioner's height measurement is measured as 169.1 cms. After taking measurement by the officials, the petitioner appealed to the higher officials. However, in the appeal, without properly measuring the petitioner, they issued the disqualification slip. The learned counsel would urge this Court to send the petitioner once again for physical measurement before the authorities within a stipulated time.

4. The learned Additional Advocate General appearing for the respondents would submit that if the petitioner prefers an appeal along with similarly situated persons, his height will be re-measured and appropriate

orders will be passed.

5. In view of the fair submission made by both sides, the petitioner is directed to prefer an appeal within a period of one week from the date of receipt of a copy of this order. If the petitioner prefers an appeal before the appellate authority, they shall carry out the measurement once again by considering the petitioner's appeal 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. The Writ Petition is disposed of with the above direction. No costs. Consequently connected Miscellaneous Petitions are closed. 22.02.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No RR