Madras High CourtWA(MD)/406/2023dismissed

Baranidharan v. The Chairman,

2023-04-12Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)Nos.4414 and 4416 of 2023 Baranidharan ... Appellant/Writ petitioner -vs1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, No.807, 2nd Floor, Anna Salai, Chennai - 600 002.

2.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai - 8.

3.The Chairperson, Tamil Nadu Uniformed Services Recruitment Board, Recruitment Sub Committee, Madurai Centre, Madurai.

4.The Member, Tamil Nadu Uniformed Services Recruitment Board, Recruitment Sub Committee, Madurai Centre, Madurai.

5.The Administrative Officer, Tamil Nadu Uniformed Services Recruitment Board, Recruitment Sub-Committee, Madurai Centre, Madurai.

6.The Superintendent of Police, Madurai District, Madurai. ... Respondents/Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order dated 15.02.2023 passed in W.P(MD)No.3093 of 2023. For Appellant :Mr.M.S.Jeyakarthik For Respondents :Mr.Veera Kathiravan, Additional Advocate General, Assisted by Mr.S.P.Maharajan, Special Government Pleader

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Being aggrieved by the order of the Writ Court, dated 15.02.2023 made in W.P(MD)No.3093 of 2023, the appellant/writ petitioner has filed this writ appeal.

2. The appellant/writ petitioner who was disqualified in the selection process of Police Constable on the ground that he does not possess the prescribed height, has filed the writ petition challenging the disqualification. The main ground of challenge in the writ petition was that when his height was measured manually, it was found to be 169.7 cm. Upon appeal by the writ petitioner and upon re-measurement, it turned out that the writ petitioner was only 169 cm., tall. The re-measurement was done by way of digital measurement.

3. A Full Bench of this Court in A.Parthiban and others vs. Tamil Nadu Uniformed Services Recruitment Board, Rep. by its Chairmant(DGP) and others, in W.A.No.8 of 2020 etc., batch, has held

that if the height measurement is taken by way of digital mode, the same will have to be accepted. We have followed the Full Bench in N.Varatharaj vs. the Member Secretary, Tamil Nadu Uniformed Service Recruitment Board, Chennai and another and dismissed the Writ Appeal in W.A(MD)No.299 of 2023 on 17.03.2023. Hence, we do not see any reason to interfere with the order of the Writ Court.

5. The writ appeal fails and it is accordingly dismissed. No Costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 12.04.2023 NCC :Yes/No Index :Yes/No PM

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm 12.04.2023