M.Karthick v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.(MD)No.1257 of 2017 and C.M.P.(MD)Nos.8829 & 8830 of 2017 M.Karthick ... Appellant Vs.

1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-08.

2. The Chairman, Sub committee, Tamil Nadu Uniformed Services Recruitment Board, Virudhunagar Centre, Virudhunagar.

... Respondents PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the order dated 18.08.2017 passed in W.P.(MD)No.14585 of 2017 on the file of this Court.

Prayer in WP(MD). 14585/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified mandamus calling for the records in connection with the letter issued by the 2nd respondent in C.No.R2/150/2017 dated 28.07.2017 and quash the same as illegal, consequently direct the respondents to permit the petitioner to participate in the next level selection process such as further expanded measurement and 1500 meter running, rope climbing ect., in pursuant of TNUSRB combined recruitment for Grade-II police constables/Grade-II Warders/Firemen (Men & Women)-2017, if the petitioner is found eligible in chest measurement during re-Measurement and pass such further or other suitable order as this honble court. For Appellant : Mr.A.Rajaram For Respondents : Mr.B.Puglendi, A.A.G for Mr.A.K.Baskara Pandian A.G.P https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

*********** [Judgment of the Court was delivered by G.R.SWAMINATHAN, J.] The unsuccessful petitioner is on appeal challenging the order dated 18.08.2017 made in W.P.(MD)NO.14585 of 2017. The appellant was one of the candidates who took part in the recruitment process held for the post of Grade II Police Constables/ Grade II Jail Warders / Fireman/ 2017. 2.On the ground that the appellant was not having the requisite chest expansion, he was disqualified. The learned judge after persuing the video recording sustained the order of disqualification passed by the authorities.

3.In matters such as this, there cannot be roving enquiry conducted by the Court. No malafide is attributed. Therefore, there is no reason to take a different view. We sustain the order passed by the learned single Judge.

4.This writ appeal stands dismissed. No costs.

Consequently connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(CS-III) /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-08.

2. The Chairman, Sub committee, Tamil Nadu Uniformed Services Recruitment Board, Virudhunagar Centre,Virudhunagar.

+ 1 cc TO Mr.A.Rajaram , Advocate in SR No. 80197 + 1 cc TO The Special Government Pleader, in SR No. 80950 rmi AE/KK/SAR1/03.11.2017/2P/5C Judgment made in W.A.(MD)No.1257 of 2017 21.09.2017 https://hcservices.ecourts.gov.in/hcservices/