D.Thangam, v. The Tamilnadu Unifor

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

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14665 of 2017 and W.M.P.(MD)No.11493 of 2017 D.Thangam ... Petitioner Vs.

The Tamil Nadu Uniformed Services Recruitment Board, Rep .by its Chairman, Old Commissioner of Police Office Campus, Pandhiyan Road, Egmore, Chennai - 600 008.

... Respondent 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 communication (Disqualification Slip-Men) in C.No.R2/150/2017 dated 29.07.2017 on the file of the respondent and quash the same as illegal and consequently direct the respondent to admit the petitioner for the Physical Endurance test and further course of selection for the recruitment to the post of Grade II Police Constables or Grade II Jail warder or firemen in the common recruitment of 15664 Grade-II police constable (Men, Women), Gr.II Jail Warders (Men & Women) and Firemen for the year 2017, within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : 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 sides, 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. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Counsel for the petitioner submitted that the petitioner has fulfilled the requisite height of 170 c.m., in the first round, before the Commissioner of Police and Inspector General. Therefore, he was called to face the chest measurement test, where, he passed with 81 c.m., before expansion and 86 c.m., after expansion. Thereafter, he was admitted for 1500 mts running event. He has completed the same, within six minutes and thereby, qualified. After all these things, applying the random sampling technique, the petitioner was chosen for re-measurement of his height. Only in the second round of check, his height was found to be only 169 c.m. As a result, he has been found disqualified.

4. In view thereof, when the matter was earlier listed before this Court, this Court directed the respondent 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's height is found to be 169 c.m., in the re-measurement test, which is less that the actual level for being qualified. Hence, the petitioner is rightly found disqualified by the respondent Police Department.

7. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To The Chairman, The Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pandhiyan Road,Egmore, Chennai - 600 008.

+1 cc to Mr.T.Lajapathi Roy , Advocate in SR.No. 72974 +1 cc to The Special Government Pleader in SR.No.73447 mrn/gk AE/KK/SAR3/31.08.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD)No.14665 of 2017 17.08.2017