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Madras High CourtWA(MD)/2493/2024closed

The Member Secretary v. A Sudharsan

2025-03-17Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and CMP(MD)No.17451 of 2024 1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Chennai 600 008.

2. The Deputy Inspector General of Police, Madurai Range, Madurai District.

3. The Superintendent of Police/Chair Person, Madurai District.

... Appellants vs.

A.Sudharsan ... Respondent PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 18.03.2024 made in W.P(MD)No.2985 of 2024.

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For Appellants : Mr.Veera Kathiravan Additional Advocate General, assisted by Mr.M.Sarangan Additional Government Pleader For Respondent : Mr.K.P.Narayana Kumar

JUDGMENT

(Judgment of the Court was made by J.NISHA BANU, J.) This writ appeal is filed against the order dated 18.03.2024 made in W.P(MD)No.2985 of 2024.

2.

Earlier on 17.02.2025, when the batch of writ appeals came up for hearing, considering the submission made by the learned counsel appearing for the writ petitioners that the digital measurement was not done in a proper manner, we directed the appellants to re-do the process of digital measurement for measuring the height of the writ petitioners. The said order is extracted hereunder:

''The batch of writ appeals in WA(MD)Nos.2493 to 2497 & 2406 of 2024 have been preferred against the order of the writ Court passed in WP(MD)No.2971 of 2024 batch, dated 18.03.2024, thereby directed the officials to relax the required height measurement to an 2/6

extent of 0.5 cm for the purpose of height measurement in the physical measurement test and to qualify them for the purpose of recruitment.

2. Other two writ appeals in WA(MD)Nos.1070 and 1090 of 2024 have been preferred against the same order of the writ Court passed in WP(MD)No.2971 of 2024 batch, dated 18.03.2024, thereby dismissed the relevant writ petitions holding that the petitioners therein would not come within the zone of consideration by acquiring required height of 170 cm on relaxation, even if they would be given with relaxation to the extent of 0.5 cm with respect to height measurement.

3. When the matter is taken up for hearing, the learned Additional Advocate General appearing for the Tamil Nadu Uniformed Services Recruitment Board (TNUSRB), would state that digital measurement has been followed to have accurate height measurement, to all the candidates who have participated in recruitment process.

4. At this juncture, the learned counsel appearing for the candidates / writ petitioners, would state that the digital measurement was not done in a proper manner and would pray to do the same once again.

5. The Additional Advocate General would state that if the Court so directs, then the said procedure would be done once again.

6. Considering the submissions made on either side, this Court hereby directs the Chairman of the Tamil Nadu Uniformed Services 3/6

Recruitment Board (TNUSRB), to do digital (height) measurement once again for all the writ petitioners, who are aggrieved before this Court and file a report before this Court on or before 17.03.2025. The authorities shall fix a place in Chennai and shall communicate the redoing process of digital (height) measurement to all the writ petitioners, who are before this Court. In the meanwhile, the writ petitioners shall not precipitate the contempt petition till the report is filed by the Government.

7. Post the matter on 17.03.2025.''

3.

Today, the learned Additional Advocate General has filed a compliance report stating that as per the orders of this Court, the digital measurement has been done to re-measure the height of the respondent. On re-measurement, the height of the respondent herein/writ petitioner was found to be 170.0 and he has come within the zone of consideration and therefore, the further process of selection will be continued in respect of the respondent.

4.

Recording the said submission, the Writ Appeal is closed with a direction to the appellants to proceed with further selection 4/6

process in respect of the respondent. No costs. Consequently, connected miscellaneous petition is closed.

[J.N.B, J.] [S.S.Y, J.] 17.03.2025 Index : Yes / No bala To 1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Chennai 600 008.

2. The Deputy Inspector General of Police, Madurai Range, Madurai District.

3. The Superintendent of Police/Chair Person, Madurai District.

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J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala JUDGMENT MADE IN DATED : 17.03.2025 6/6