M.Mohaideen Abdul Kather, v. The Chairman,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2017 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14702 of 2017 and W.M.P.(MD)Nos.11534 to 11536 of 2017 M.Mohaideen Abdul Kather ... Petitioner vs.
1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, No.807, 2nd Floor, Anna Salai, Chennai-600 002.
2.The Chairman/ Sub committee, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai-8.
3.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai-8.
4.The Superintendent of Police, Tirunelveli District, Tirunelveli District.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order, passed by the 2nd respondent against the petitioner vide his proceedings in Rc.No.R2/150/2017, dated 27.07.2017 and to quash the same as arbitrary and consequently direct the respondents to permit the petitioner to participate in the further course of selection process in Combined Recruitment of Grade-II Police Constables/ Grade-II Jail Warders/Firemen-2017.
For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.B.Pugalendhi Additional Advocate General assisted by Mr.A.K.Baskara Pandian, Special Government Pleader
O R D E R
The prayer in the writ petition is for issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the 2nd respondent against the petitioner vide his proceedings in Rc.No.R2/150/2017, dated 27.07.2017 to quash the same as arbitrary and consequently direct the respondents to permit the petitioner to participate in the further course of selection process in Combined Recruitment of Grade-II Police Constables/ Grade-II Jail Warders/Firemen-2017. 2.The impugned order has been questioned on the ground that during physical efficiency test, the petitioner's height had not been measured properly, therefore, the impugned order is liable to be set aside.
3.Considering the said submission, this Court directed the learned Additional Advocate General to produce the videographs taken during selection to the aforementioned posts. 4.Today, when the matter was taken up for hearing, the videogrpahs in respect of height measurement of the petitioner has been displayed before this Court in the presence of the petitioner and his counsel. The video clipping/recording shows that the petitioner's height was measured as 171.2 cms by manual measurement, but when he was measured by digital measurement as 168.9 cms of height. It is stated that the petitioner was found selected in the year 2015 selection to the post of Sub Inspector of Police both in written test and physical efficiency test.
The interview card issued to the petitioner enclosed in the typedset of papers also clearly shows that he was qualified in the written test and physical efficiency test conducted for the post of Sub Inspector of Police (Taluk)(Men & Women) for the year 2015. On this basis, he was also instructed to attend next stage. Hence, the respondents are directed to re-measure the height of the petitioner properly.
Accordingly, this Writ Petition is allowed and the impugned order is set aside. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar
To 1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, No.807, 2nd Floor, Anna Salai, Chennai-600 002.
2.The Chairman/ Sub committee, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai-8.
3.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai-8.
4.The Superintendent of Police, Tirunelveli District, Tirunelveli District.
+1CC TO Mr.M.S.JEYAKARTHIK, ADVOCATE, SR NO.73432 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO. 73829 WP(MD)No.14702 of 2017 18.08.2017 MS/CM-MSA/SAR.2/23.08.2017/3P.7C