P.Karthik v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2017 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14511 of 2017 and W.M.P.(MD)No.11365 of 2017 P.Karthik ... Petitioner Vs.
1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
2.The Chairman, Recruitment Sub-Committee, Madurai Centre &, Deputy Inspector General of Police, Madurai Range, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 31.07.2017 in C.No:R2/150/2017 passed by the second respondent and quash the same as illegal and consequently direct the respondents to conduct a fresh physical measurement test for the petitioner (Enrolment Number.2420472) for the Post of Grade-II constable, Grade II Jail Warders and Firemen in the Tamil Nadu Uniformed Services Recruitment Board 2017. For Petitioner : Mr.R.Venkatesan 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 completed B.Sc. Software, 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 on the ground that he is only 169.7 c.m.
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 petitioner was measured both manually and digitally. While taking the digital measurement, the height of the petitioner was found to be 169.7 c.m. The learned counsel for the petitioner submitted that at the crucial time of digital measurement, one of the officers who was standing nearby patted on the petitioner's right shoulder. As a result, 0.1 c.m., could not be measured properly. 7.The learned Additional Advocate General appearing for the respondent submitted that no averment has been made by the petitioner in the affidavit to the said effect. 8.However, this Court could clearly see from the video recording that the officer standing nearby has patted on the petitioner's right shoulder at the crucial point of time. Therefore, the respondents are hereby directed to re-measure the height of the petitioner.
9.The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(AD) /True Copy/ Sub Assistant Registrar
To 1.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
2.The Chairman, Recruitment Sub-Committee, Madurai Centre &, Deputy Inspector General of Police, Madurai Range, Madurai.
+1CC TO Mr.R.VENKATESAN, ADVOCATE, SR NO.72982 +1CC TO M/S SPECIAL GOVERNMENT PLEADER, SR NO.73318 W.P.(MD)No.14511 of 2017 17.08.2017 MS/CM-MSA/SAR.2/23.08.2017/3P.5C