Madras High CourtWP(MD)/3168/2023allowed

Thangapandi v. The Chairman

2023-02-16Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).Nos.2953 and 2955 of 2023 Thangapandi ... Petitioner Vs.

1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Chennai 600 008.

2.The Chairman /Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Chennai 8.

3.The Superintendent of Police /Sub Committee Chairman, Madurai District, Madurai.

... Respondents

PRAYER : Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records, pertaining to the impugned disqualification slip passed by the 3rd respondent against the petitioner vide his proceeding dated 07.02.2023 and to quash the same and consequently direct the respondents to take height measurement of the petitioner with qualified persons with digital and manual scales in the video coverage in front of the third respondent. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.Veera Kathiravan, Additional Advocate General assisted by Mr.S.P.Maharajan, Special Government Pleader

O R D E R

This writ petition has been filed challenging the impugned disqualification slip passed by the 3rd respondent against the petitioner vide his proceeding dated 07.02.2023 and to quash the same and consequently direct the respondents to take height measurement of the petitioner with qualified persons with digital and manual scales in the video coverage in front of the third respondent.

2. The case of the petitioner is that he has participated in the selection process to the post of Combined Recruitment of Grade II Police Constable /Grade II Jail Warders /Firemen 2022 and successfully completed the written examination and also secured qualified marks in the written examination. Thereafter, on 07.02.2023, he has participated in the physical measurement test. However, in the earlier round of measurement, the petitioner's height is 170.2 cm., whereas the present measurement is 169.0. Challenging the same, the present writ petition has been filed.

3. Mr.Veera Kathiravan, learned Additional Advocate General, assisted by Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondents would submit that the present impugned order is wrong and the petitioner was already measured and his height is 170.2 cm. and thereafter super check was conducted again, since there was a malpractice in the earlier round of measurement and his height is 169.0 cm. However, the impugned order does not reveal the same. Hence, this Court may set aside the impugned disqualification slip issued by the third respondent dated 07.02.2023 and remand back the matter for fresh order.

4. In view of the fair stand taken by the learned Additional Advocate General, the impugned disqualification slip passed by the third respondent dated 07.02.2023 is set aside and the matter is remanded back to the third respondent for fresh order, after hearing the petitioner.

5. In the result, this Writ Petition is allowed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 16.02.2023 akv To 1.The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Chennai 600 008.

2.The Chairman /Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Chennai 8.

3.The Superintendent of Police /Sub Committee Chairman, Madurai District.

M.DHANDAPANI,J.

akv 16.02.2023