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Madras High CourtWP(MD)/14682/2017dismissed

B.Arunmani, S/O.M.Baskaran, v. The Director General Of Police

2017-08-17Honourable Mr Justice T.Raja3 pages

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

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14682 of 2017 and W.M.P.(MD)Nos.11511 & 11512 of 2017 B.Arunmani ... Petitioner Vs.

1. The Director General of Police, Dr.Radhakrishnan Salai, Chennai - 4.

2. The Chairman, The Tamil Nadu Uniformed Services Recruitment Board, No.807, Sengalvarayan Naicker Building, Anna Salai, Chennai - 600 002.

3. The Deputy Inspector General of Police, (Recruitment Sub-Committee, Madurai Centre) Madurai Range, Madurai.

... 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 passed by the 3rd respondent in C.No.R2/150/2017 dated 31.07.2017 with respect to the petitioner Enrolment No.2424394 and quash the same and consequently direct the 2nd and 3rd respondents to conduct fresh physical measurement test to measure the height of the petitioner and also direct the 2nd and 3rd respondents to conduct the remaining others physical efficiency test and further direct the respondents to permit the petitioner to participate in the subsequent stage of the selection for the post of Grade II Police Constables (Men, Women & Third Gender), Gr.II Jail Warders (Men & Women) and Firemen for the year 2017.

For Petitioner : Mr.M.Jegadeesh Pandian 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 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 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. 4.The learned Counsel for the petitioner produced a certificate of physical fitness, dated 03.06.2017, issued by Dr.Mrs.J.Chellapponnu, M.S. [Rtd], Gen. Surgery, Reg. No.38/56, Medical Superintendent, Madurai, wherein, the height of the petitioner is shown as 171.3 c.m., weight is shown as 76 kg and chest measurement before and after expansion is shown as 101 and 108 c.m. respectively.

5.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. 6.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.

7.A perusal of the same would go to show that the petitioner's height is found to be 169.6 c.m. only, which is less that of the actual height for being qualified. Hence, he is rightly found disqualified by the respondent Police Department. Since the height of the petitioner could be seen in the video played before this Court, the certificate dated 03.06.2017 is un-acceptable to this Court.

8.Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar

To

1. The Director General of Police, Dr.Radhakrishnan Salai, Chennai - 4.

2. The Chairman, The Tamil Nadu Uniformed Services Recruitment Board, No.807, Sengalvarayan Naicker Building, Anna salai, Chennai - 600 002.

3. The Deputy Inspector of Police, Recruitment Sub-Committee, Madurai Centre, Madurai Inspector General of Police, Madurai Range, Madurai.

+1cc to Spl.Government Pleader Sr.No.73445 GK/MRN VB/GT/SAR4/31.08.2017/3P/5C W.P.(MD)No.14682 of 2017 17.08.2017