M. Muthukaruppan v. Tamil Nadu Uniformed

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Appeal (MD) No.936 of 2015 against WP(MD)No. 14810 of 2015 M.Muthukaruppan .. Appellant/Petitioner Vs.

1.Tamilnadu Uniformed Services Recruitment Board, rep.by its Member Secretary, Egmore, Chennai - 600 008.

2.The Chairman, Recruitment Sub Committee, Tamilnadu Uniformed Services Recruitment Board, Madurai Centre, Madurai - 625 014.

... Respondents/Respondent Writ Appeal filed under Clause 15 of Letters Patent appeal against the order dated 18.08.2015 passed in WP(MD)No.14810 of 2015 by this Court. Prayer in WP(MD). 14810/ 2015 :

This 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 on the file of the 2nd respondent in connection with the impugned order of disqualification passed in his proceedings in C. No.R2/315/2015 dated 05.08.2015 and quash the same and consequently direct the 2nd respondent to re-conduct Physical Efficiency Test within the time limit that may be stipulated by this Hon'ble Court. For Appellant : Mr.D.Selvam for M/S.G.Thalamuthurasu For Respondents : Mr.N.Manoharan Special Government Pleader.

JUDGMENT

(Judgment of the Court was delivered by R.SUDHAKAR,J.) This writ appeal is directed against the order of the learned single Judge dated 18.08.2015 made in WP(MD)No.14810 of 2015. 2.When the matter came up for hearing, the Additional Superintendent of Police produced recruitment records showing the details of participation of men (open) in physical efficiency test held on 05.08.2015. It has been mentioned that the appellant crossed 3.78 mts in the long jump whereas he has to cross 3.80 mts and therefore, he was not selected.

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3.Learned Single Judge was right in dismissing the Writ petition. We are not inclined to order re-test. If such a relief sought for by the appellant is granted, every person who has failed in the physical efficiency test will come to this Court for similar relief. This Court is not the forum for passing order to conduct re-test, unless specific rule or provision or procedure has been violated, which we find none in the present case.

4.Accordingly, the writ appeal is dismissed. No costs. Consequently, M.P(MD)No.1 of 2015 is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai - 600 008.

2.The Chairman, Recruitment Sub Committee, Tamilnadu Uniformed Services Recruitment Board, Madurai Centre, Madurai - 625 014.

+1cc to M/S.G.Thalamuthurasu, Advocate in SR.No 53083 +1cc to Special Government Pleader in SR.No. 52722. TS/28.09.2015/2P - 5C GSV-PM/SAR -I Writ Appeal (MD) No.936 of 2015 07.09.2015 https://hcservices.ecourts.gov.in/hcservices/