T.Sundar v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2015

CORAM:

THE HON'BLE MR.JUSTICE T.RAJA W.P.(MD)No.14589 of 2015 T.Sundar .. Petitioner Vs.

1.The Secretary to Government, Home Department (Police IV) Government of Tamilnadu Chennai - 600 009.

2.The District General of Police, Government of Tamilnadu Chennai - 5.

3.The Member-Secretary The Tamilnadu Uniformed Service Recruitment Board, Chennai - 2.

4.The Chairman Recruitment Sub Committee, Madurai.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issue a Writ of Certiorari directing the 3rd and 4th respondents to call for the records vide impugned order in C. No.R2/315/2015 dated 05.08.2015 on the file of the 4th respondent and quash the same as illegal.

For Petitioner :

Mr.P.Muthu Vijay Pandian For Respondents : Mr.S.Chandrasekaran Govt.Advocate

ORDER

This writ petition has been filed by T.Sundar challenging the impugned communication dated 05.08.2015, in and by which, he was disqualified from the selection for the post of Sub Inspector of Police, on the ground that he has not passed the physical efficiency test by successfully passing through the long jump test.

2. The learned counsel appearing for the petitioner challenging the impugned order would submit that he participated in the physical entrance test (endurance test) and subsequently he was permitted to participate in the long jump or high jump test. The petitioner has opted for the long jump test. When he was running for the long jump test, serial number badge affixed https://hcservices.ecourts.gov.in/hcservices/

on his chest was unfortunately removed and it covered his face. Therefore, he was unable to jump properly, otherwise, he could have successfully passed in the long jump test.

3. This Court is not able to find any justification for two reasons. Firstly, the impugned communication was issued on 05.08.2015. But the petitioner has come before this Court only after a lapse of seven days. Secondly, the petitioner having opted to participate in the long jump instead of high jump, he cannot say that at the time of test, the events have gone beyond his control and as a result, he was unable to pass through the long jump test and the reason submitted before this Court that the serial badge affixed on his chest, got removed and it covered his face at the time of long jump, also fails acceptance.

4. The writ petition is dismissed for the reasons mentioned above. No costs. Connected Miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Home Department (Police IV) Government of Tamilnadu Chennai - 600 009.

2.The District General of Police, Government of Tamilnadu Chennai - 5.

3.The Member-Secretary The Tamilnadu Uniformed Service Recruitment Board, Chennai - 2.

4.The Chairman Recruitment Sub Committee, Madurai.

+ 1 CC TO MR.P.MUTHU VIJAYA PANDIAN, ADVOCATE IN SR NO. 46208 MJ TE/SKS-RR/ 07/10/2015 2P/6C W.P.(MD)No.14589 of 2015 13.08.2015 https://hcservices.ecourts.gov.in/hcservices/