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Madras High CourtWA(MD)/1183/2017dismissed

P.Karthik, v. The Chairman,

2017-09-01Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A(MD)No.1183 of 2017 and C.M.P(MD)No.8211 of 2017 P.Karthik ... Appellant Vs.

1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.

2. The Chairman, Recruitment Sub-Committee, Madurai Centre &, Inspector General of Police, Crimes, Chennai.

... Respondent Prayer : This Writ Appeal is filed under Clause 15 of Letters Patent, to allow the writ appeal and set aside the order in WP(MD) No.16227 of 2017 dated 29.08.2017 on the file of this Court. Prayer in WP(MD). 16227/ 2017 :

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 24.08.2017 in C.No.R2/150/2017 passed by the 2nd respondent and quash the same as illegal and consequently test for the petitioner (Enrolment Number.2420472) for the Post of Grade II Police Constable, Grade II Jail Warders and Fireman in the Tamil Nadu Uniformed Services Recruitment Board 2017. For Appellant : Mr.R.Venkatesan For Respondents : Mr.B.Pugalendhi, AAG assisted by Mr.A.K.Baskarapandian, Additional Government Pleader.

J U D G M E N T

(Judgment of the Court was delivered by G.R.SWAMINATHAN, J.) The unsuccessful writ petitioner is on appeal challenging the order dated 29.08.2017 made in WP(MD)No.16227 of 2017. 2.The appellant took part in the selection process for the post of Gr.II police constables / Grade-II Jail Warders / Firemen - 2017. He cleared the written examination and was called for a Physical Endurance Test. In the chest measurement test, the writ petitioner was found to be disqualified. Challenging the same, he filed the aforesaid writ petition.

3.The learned single Judge directed the respondents to produce video records. The same was also played before the learned Judge in the presence of learned counsel on either side. The writ petitioner was also present. After perusal, it was noted that the chest measurement of the writ petitioner was 85.1 c.m in normal and after expansion of the chest, it was 88.9 c.m. There must be a 5 c.m difference after the expansion. Since the expansion was not of the required level, the writ petitioner came to be disqualified. The learned Judge had seen the video and thereafter dismissed the writ petition.

4.There is no merit in this writ appeal. It stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To,

1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.

2.The Chairman, Recruitment Sub-Committee, Madurai Centre &, Inspector General of Police, Crimes, Chennai.

+1 cc to The Special Government Pleader in SR.No.76568 Skm/Arul AE/MR KKR/SAR3/18.09.2017/3P/4C W.A(MD)No.1183 of 2017 and C.M.P(MD)No.8211 of 2017 01.09.2017