Veilraj v. The Tamil Nadu Uniformed Services Recruitment Board
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Veilraj ... Petitioner Vs.
1.The Tamil Nadu Uniformed Services Recruitment Board, Rep. by its Member Secretary, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 008.
2.The Chairperson, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
3.The Member, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
4.The Administrative Officer, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records related to the impugned disqualification slip issued by the 2nd to 4th respondents dated 06.02.2023 and quash the same and consequently direct 1/6
the respondents to conduct a fresh height measurement test to petitioner by using Digital Measurement Device (Sensor Machine) in the selection process. For Petitioner : Mr.V.Muthuvelan For Respondents : Mr.Veerakathiravan, Addl. Advocate General, Mr.K.Balasubramani, Spl. Government Pleader.
ORDER
Heard the learned counsel for the writ petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader for the respondents.
2.The petitioner is an aspirant for the post of Grade II Police Constable. He applied in response to the recruitment notification issued by the first respondent board. As per the norms, the petitioner to qualify himself should have height of 170 cms. The petitioner's height was measured as 168.6 cms. Since in the impugned proceedings, it was not specifically mentioned that the petitioner was digitally measured, I called upon the respondents to file an 2/6
affidavit in this regard. The writ petition was adjourned to enable to the respondents to file such an affidavit. Today ie., 17.03.2023, the learned Additional Advocate General filed an affidavit signed by the Superintendent of Police who is also the Chairperson of Recruitment Sub-Committee, Thoothukudi Centre. Paragraph No.6 of the said affidavit is as follows:- "6.It is submitted that a Sub - Committee comprising of 1.SP (Chairperson), 2.Addl. SP, 3.DSP, 4.Addl Supt. of Prison, 5.District Fire Officer has been constituted to conduct CV, PMT, ET, PET on behalf of the TNUSRB at each center. The Sub - Committee is responsible for conducting the above tests in a fair and transparent manner and with professional efficiency without giving any room for favouritism or influence. Further, the Deputy Inspector General of Police, Railways, Chennai was also appointed as super check officer by the Director General of Police, Chennai vide proceedings in Rc.No.112022/Rect (1)/2022, dated 13.01.2023.
Through Digital Height Measurement Device the petitioner's height was measured as 168.6 cms. Whereas, the prescribed height measurement for the category of the petitioner is 170.0 cms. Therefore, the petitioner was declared disqualified in the Physical measurement test as per the norms under Tamil Nadu Uniformed Services Recruitment Board and subsequently, issued with a disqualification slip, dated 06.02.2023."
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3.The learned Additional Advocate General also draws my attention to the order dated 06.03.2023 made in W.P.(MD)No.4665 of 2023, in which I had passed the following order:- "5. I am not impressed by the aforesaid contention advanced by the learned counsel appearing for the petitioner. No doubt, the petitioner relies on the earlier order passed by me in W.P.(MD)Nos.21289 & 20733 of 2022, dated 26.09.2022. However, in the said case, the original measurement was done manually whereas this Court directed the authorities to do digital measurement. In this case, the appellate committee had carried out digital measurement. The certificate relied on by the petitioner as well as the decision of the original authority are based on manual measurement.
Since the appellate committee's decision is anchored on digital measurement, I am not in a position to interfere for want of sufficient contra material. If the petitioner had got himself digitally measured through private agencies and placed the same, then, probably, a case for redoing the exercise might have arisen. Since no contra material of unimpeachable quality has been placed before this Court, I have to necessarily decline relief."
4.In this view of the matter, no interference is called for and the writ petition stands dismissed. No costs.
17.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.Member Secretary, The Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 008.
2.The Chairperson, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
3.The Member, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
4.The Administrative Officer, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
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G.R.SWAMINATHAN, J.
ias 17.03.2023 6/6