Madras High CourtWP(MD)/14255/2017disposed of

S.Muppudathi v. The Member Secretary

2017-08-09Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.14255 of 2017 and WMP(MD)No.11170 of 2017 S.Muppudathi ... Petitioner vs.

1)The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Chennai.

2)The Chairman Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Tirunelveli Range, Tirunelveli.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order vide Rc.No.R2/150/2017 dated 27.7.2017 on the file of the 2nd respondent and quash the same and direct the respondents to hold re-measurement of the petitioner's chest and proceed with further process in the Common Recruitment for the posts of Gr.II Police Constables (Men, Women & Third Gender), Gr.II Jail Warders (Men & Women) and Firemen for the year 2017.

For Petitioner : Mr.R.Venkateswaran For Respondents : Mr.B.Pugalendhi Additional Advocate General assisted by Mr.A.K.Baskarapandian, Special Government Pleader

ORDER

The petitioner has come to this Court seeking issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order vide Rc.No.R2/150/2017 dated 27.7.2017 on the file of the 2nd respondent to quash the same and direct the respondents to hold re-measurement of the petitioner's chest and proceed with further process in the Common Recruitment for the posts of Gr.II Police Constables (Men, Women & Third Gender), Gr.II Jail Warders (Men & Women) and Firemen for the year 2017. https://hcservices.ecourts.gov.in/hcservices/

2.The impugned order has been questioned on the ground that during physical efficiency test, the petitioner's chest had not been measured properly, therefore, the impugned order is liable to be set aside.

3.Considering the said submission, this Court directed the learned Additional Advocate General to produce the videographs taken during selection to the aforementioned posts. 4.Today, when the matter was taken up for hearing, the videogrpahs in respect of chest measurement of the petitioner has been displayed before this Court in the presence of the petitioner and his counsel. The video clipping/recording shows that the petitioner's chest has been measured before expansion as 92 cms, but after expansion nothing has been recorded. At this juncture, it is stated that although sufficient time was given to show the expanded chest, the petitioner failed to expand his chest. But, this Court is not inclined to accept the same, hence, the respondents are directed to re-measure the chest of the petitioner properly.

With the above direction, this Writ Petition is allowed and the impugned order is set aside. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1)The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Chennai.

2)The Chairman Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Tirunelveli Range, Tirunelveli.

+1cc to M/S. VENKATESHWARAN, Advocate, SR.No.72472. +1cc to Special Government Pleader, SR.No.72380. WP(MD)No.14255 of 2017 09.08.2017 nbi SDS/SV:MMS/SAR 2/23.08.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/