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Madras High CourtWA(MD)/1206/2017dismissed

C.Subash Chandra Bose v. The Chairman,

2017-09-08Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.[MD].No.1206 of 2017 against W.P.(MD)No.14364 of 2017 C.Subash Chandra Bose ... Appellant/Petitioner Vs.

1. The Chairman, Tamilnadu Uniformed Services Recruitment Board, Egmore, Chennai-600 008.

2. The Chairman/Member, Sub Committee, The Tamilnadu Uniformed Services Recruitment Board, Egmore, Chennai-600 008.

... Respondents PRAYER : Writ Appeal is filed under Clause 15 of Letters Patent, to allow this writ appeal by setting aside the order passed in W.P.(MD)No.14364 of 2017 dated 09.08.2017.

Prayer in WP(MD). 14364/ 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 on the file of the 2nd respondent in pursuant to the impugned order passed by him in his proceedings Rc.No. R2/150/2017 dated 28.07.2017 and quash the same as illegal and arbitrary and consequently direct the respondents to conduct physical measurement test (Chest) to the petitioner afresh by a qualified Physical Director for appointment to the post of Grade II Police Constable for the year 2017 within the time limit that may be stipulated by this Honble court. For Appellant : Mr.G.Thalaimutharasu for Mr.A.S.Vaigunth For Repondents : Mr.B.Pugalendhi Additional Advocate General assisted by Mr.A.K.Baskarapandian Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

**************** [Judgment of the Court was delivered by G.R.SWAMINATHAN, J.] The writ appeal is directed against the order dated 09.08.2017, dismissing W.P.(MD)No.14364 of 2017 filed by the appellant herein.

2.The appellant took part in the selection process for the post of Grade-II Police Constables/ Grade-II Jail Warders/Fireman2017. On the Physical Endurance Test, he was disqualified, because his chest expansion was not upto the qualification level. The disqualification order was issued and the same was challenged in the writ proceeding. Before the learned Judge, the video record of the Physical Endurance Test was played. The learned Judge was satisfied that the appellant herein was rightly disqualified. 3.We see no reason to take a different view. There is no merit in this writ appeal. It stands dismissed. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The Chairman, Tamilnadu Uniformed Services Recruitment Board, Egmore, Chennai-600 008.

2. The Chairman/Memberm, Sub Committee, The Tamilnadu Uniformed Services Recruitment Board, Egmore, Chennai-600 008.

+1cc to The Special Government Pleader in SR.No.78285 smi AE/KP/SAR2/26.10.2017/2P/4C W.A.[MD].No.1206 of 2017 08.09.2017 https://hcservices.ecourts.gov.in/hcservices/