J.Lakshmanan v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI J.Lakshmanan

...Petitioner

Vs.

1.The Chairman, Sub Committee, Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Campus, Panthean Road, Egmore, Chennai - 600 008.

2.The Appellate Authority, Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Campus, Panthean Road, Egmore, Chennai - 600 008.

...Respondents 1 & 2

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consdier the petitioner's representation dated 13.02.2020 for conducting retest for measuring the chest or expansion of chest accepting the expansion of chest as shown in the video clip and consequently direct the respondents to permit the petitioner to participate in the subsequent other physical test as required for selection to the post of Police constable in respect of Application No.260691.

For Petitioner :No appearance For Respondent :Mr.Veerakathiravan, Additional Advocate General Assisted by Mr.V.Nirmal Kumar Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking a direction to the respondents to re-measure his chest expansion and to permit him to participate in the subsequent physical tests. 2.The case of the petitioner is that he applied for the post of police constable, called for by the Tamil Nadu Uniform Services Recruitment Board. After selection in the written test, he was called for physical test and he also attended. But his 1/3

candidature was rejected stating that the chest expansion should be upto 5 cms, whereas, in the petitioner's case, it expanded only upto 3 cms. Disqualification slip was also issued by the second respondent in C.No.R2/850/2019, dated 06.11.2019. Hence, the petitioner sent a representation, dated 13.02.2020, which was not considered by the Board. Therefore, the petitioner has come up with the present writ petition.

3.When this matter is taken up for hearing, there is no representation for the petitioner.

4.The learned Additional Advocate General appearing for the respondent Board submits that the petitioner has been rejected on the ground that he is not having sufficient chest expansion at the time of physical examination and his candidature was rejected by the disqualification slip issued by the second respondent in C.No.R2/850/2019, dated 06.11.2019. He further submits that the petitioner has already filed a Writ Petition in W.P.(MD) No.25861 of 2019 and the same has been dismissed by this Court, by order dated 18.12.2019 with liberty to cross check the measurement through the video recordings, recorded at the time of selection process. For ready reference, the relevant portion from the said order is extracted as under:- "5.In view of such submission, I do not find any reason to interfere and order for retest.

However, if the petitioner is of the view that the original measurement was not property taken, it is always open to the petitioner to cross-check the same by making an appropriate application under the Right to Information Act (RTI), seeking for video recording of the measurement taken and on verification of such recording, if the petitioner is of the view that he has qualified the measurement, it is open to the petitioner to redress his grievance in the manner known to law."

5.Pursuant to the order of this Court, this petitioner was also permitted to peruse the video recordings, which were recorded at the time of selection, in order to ascertain whether he has sufficient chest expansion, at the time of selection. Through the video recordings, it is found that this petitioner's chest measurement was 90.5 cms and during the expansion, it expanded upto 93.00 cms. As per Board's requirement, the expansion must be 5 cms. Since he was not having the required expansion, his candidature was rejected.

6.The learned Additional Advocate General by referring the affidavit filed by this petitioner submits that the petitioner himself has admitted that there was shortage of 0.5 cms expansion and that is as negligible, he can be considered. The petitioner himself after verifying with the video clips admits that he was not 2/3

having sufficient chest expansion of 5 cms. The admitted portion from the affidavit filed by the petitioner is as follows:- "therefore this shortage of 0.5 expansion is negligible and there is a chance to succeed in my attempt"

7.In view of the submission made by the learned Additional Advocate General and also taking into consideration of the petitioner's admission, with regard to his chest expansion, after verification of video recording, which was recorded at the time of selection, this Court is of the opinion that no Mandamus can be issued as claimed by the petitioner. Accordingly, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Chairman, Sub Committee, Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Campus, Panthean Road, Egmore, Chennai - 600 008.

2.The Appellate Authority, Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Campus, Panthean Road, Egmore, Chennai - 600 008.

+1 CC to M/s.SPL GP ( SR-36080[F] dated 26/11/2021 ) Order made in 25.11.2021 NSN(CO) GC(13.12.2021) 3P 4C 3/3