Kaviarasu v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2015

CORAM

THE HONOURABLE Mr.JUSTICE S.NAGAMUTHU AND THE HONOURABLE Mr.JUSTICE V.S.RAVI W.A.(MD)No.942 of 2015 and M.P.(MD) No.1 of 2015 Kaviarasu ... Appellant/Respondent/Petitioner Vs.

1.The Director, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai 600 008.

2.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Recruitment Sub- Committee, Madurai Centre, Madurai.

... Respondents/Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the common order of learned single Judge made in W.P.(MD) No.14856 of 2015 dated 18.08.2015.

Prayer in WP(MD). 14856/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS to call for the records pertaining to the impugned order dated 05.08.2015 in C.No.R2/315/2015 passed by the 2nd respondent and quash the same as illegal and consequently directing the Respondents to conduct fresh physical efficiency test (Reg.No.3406721) to the petitioner for the post of Sub Inspector of Police and pass such further order as this Honble Court.

For Appellant ...

Mr.R.Venkatesan For Respondents ... Mr.N.Manoharan Special Government Pleader

JUDGMENT

The appellant has come with this appeal challenging the order passed by the learned single Judge in W.P.No.14856 of 2015 dated 18.08.2015.

2.Today, this Writ Appeal has come up for admission. By consent, this Writ Appeal itself is taken up for hearing. 3.We have heard the learned counsel appearing for the appellant and the learned Special Government Pleader appearing for the respondents. We have also perused the records carefully.

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4. The appellant participated in the selection process for the post of Sub-Inspector of Police for the year 2015. The physical test was conducted on 05.08.2015 He participated in the long jump. Thereafter, rejection order was passed by the second respondent by his proceedings in C.No.R2/315/2015 dated 05.08.2015 as he failed in the long jump event. Challenging the same, the appellant has filed Writ Petition and the same was dismissed by this Court on 18.08.2015. Therefore, the appellant is before this Court with this Writ Appeal.

5. In this Writ Appeal, it is submitted by the learned counsel for the appellant that the appellant is a sportsman and he had participated in many national level events in relation to long jump. But, the measurements of the distance jumped by him was not properly taken is his grievance. But, it is submitted by the learned Special Government Pleader that the appellant was given two chances and though he had jumped twice, he could not reach the distance as required by them. This contention was duly considered by the learned single Judge.

6. In our considered view, this Court cannot allow the petitioner to participate in the long jump again and he can only participate in the next selection process if he is so advised. Sofar as the present selection process is concerned, he can have no more chance to participate.

7. In such view of the matter, we find no infirmity in the order of the learned single Judge. Hence, the Writ Appeal deserves only to be dismissed and accordingly, the same is dismissed. No costs. Consequently, connected M.P. is closed.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar ses To, 1.The Director,Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai 600 008.

2.The Chairman,Tamil Nadu Uniformed Services Recruitment Board, Recruitment Sub- Committee,Madurai Centre,Madurai. +one cc to Mr.R.Venkatesan, Advocate in SR.No.53078 +one cc to The Special Government Pleader, SR.No. 52135 W.A.( MD)No.942 of 2015 and M.P.(MD) No. 1 of 2015 04.09.2015 CSL/NGM-SS/15.09.2015 2p/5c https://hcservices.ecourts.gov.in/hcservices/