V.Sakthivel, v. The Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14485 of 2017 and W.M.P.(MD)No.11357 of 2017 V.Sakthivel ... Petitioner Vs.

1.The Secretary to Government, Home Department, Fort St George, Chennai.

2.The Director General of Police, Tamil Nadu, Dr.Radhakrishnan Salai, Mylapore, Chennai.

3.The Chairman, Sub Committee, Tamilnadu Uniformed Service Recruitment Board, Egmore, Chennai.

... 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 of the 3rd respondent in connection with the impugned orders passed by the 3rd respondent in C.No.R2/150/2017 dated 27.07.2017 (Enrollment No.2502141) and quash the same and direct the respondents to conduct a fresh endurance test for 1500 meters run and permit the petitioner to participate in the subsequent stage of selection. For Petitioner : Mr.S.I.Muthiah For Respondents : B.Pugalendhi 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.The learned counsel for the petitioner submitted that the petitioner and other candidates in his batch were called around 12.30 p.m., - 1.00 p.m., for 1500 meters running event under the scorching heat. When the petitioner and other candidates of his batch requested the third respondent to conduct the same at the late hours of dusk, the third respondent rejected the same and had directed the petitioner and other candidates to run forthwith, therefore, they have left with no other alternative, starting running.

While the petitioner was running in the midway, he could not withstand the heat exerted by the ground surface, therefore, he fell down and had also seen some foot blisters all over his feet, however, he was able to finish 1500 meters running event within 7 minutes and 40 seconds, hence, the petitioner was disqualified by the third respondent in 1500 meters running event. 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.The video clipping/recording shows that one of 15 candidates in his batch, the petitioner and another candidate alone were found disqualified, as they took more than 7 minutes. I can also clearly see that the petitioner failed to complete 1500 meters running event within 7 minutes.

7.Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Home Department, Fort St George, Chennai.

2.The Director General of Police, Tamil Nadu, Dr.Radhakrishnan Salai, Mylapore, Chennai.

3.The Chairman Sub Committee, Tamilnadu Uniformed Service Recruitment Board, Egmore, Chennai.

+1cc to Special Government Pleader, SR.No. 73331 mrn/gk MAS/KP/SAR2:20.09.2017:3P-5C W.P.(MD)No.14485 of 2017 17.08.2017