K.Prabakaran, v. The Member Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14341 of 2017 and W.M.P.(MD)No.11232 of 2017 K.Prabakaran ... Petitioner Vs.

1.The Member Secretary Tamilnadu Uniformed Services Recruitment Board, Chennai.

2.the Chairman Sub Committee Tamilnadu Uniformed Services Recruitment Board, Thirunelveli Range, Thirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order vide Rc.No.R2/150/2017 dated 28.07.2017 on the file of the second respondent and quash the same and direct the respondents to hold re-measurement of petitioner's height 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.Pugazhendhi Additional Advocate General Assisted by Mr.A.K.Baskara Pandian, Special Government Pleader.

O R D E R

*********** By consent of both parties, this writ petition itself is taken up for final disposal.

2.The petitioner, having passed S.S.L.C, applied for the post of Grade -II Police Constables / Grad-II Jail Warders / Fireman - 2017, when applications were called for by the respondent Police Department. Subsequently, after passing the written examination, the petitioner was called for for the Physical Endurance Test. 3.Now, the grievance of the petitioner appears to be that the respondents have not measured the height of the petitioner properly. As a result, he has been found disqualified. https://hcservices.ecourts.gov.in/hcservices/

4.In view thereof, when the matter was earlier listed before this Court, this Court directed the respondents to produce the video recordings taken at the time of measurement. 5.As per the said direction, the learned Additional Advocate General appearing for the respondent Police Department produced the video recordings and the same was played before me in the presence of the learned counsel on either side and also the petitioner.

6.A perusal of the same would go to show that the height of the petitioner has been measured manually in a dark place hence, the video which is played before this Court is not clear. Only the voice of the officials mentioning the height of the petitioner as 168.2 c.m., is heard. Mrs.Vijayalakshmi, the representative of the respondent department also would submit that the physical test was made around 5'O clock in the morning and at that time there was no sufficient light. It is also brought to the notice of this Court that the petitioner was also selected in CISF and CRPF. Therefore, his height is beyond any one's doubt. 7.In view thereof, as he was already found eligible in the height measurement by the Selection Committee of the CISF and CRPF, the petitioner is entitled to go for a re-measurement of his height. Accordingly, the respondents are hereby directed to re-measure the height of the petitioner.

8.The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Member Secretary Tamilnadu Uniformed Services Recruitment Board, Chennai.

2.The Chairman Sub Committee Tamilnadu Uniformed Services Recruitment Board, Thirunelveli Range, Thirunelveli.

+1cc to Mr.R.Venkateswaran,Advocate,SR.72474 +1cc to M/S.Special Government Pleader,SR.72588 W.P.(MD)No.14341 of 2017 11.08.2017 MR/MM KK/SV MMS/SAR2/17.08.2017/ 2P-5C https://hcservices.ecourts.gov.in/hcservices/