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Madras High CourtWP(MD)/14761/2017allowed

I.Balamurugan, S/O.India Veera v. The Chairman,

2017-08-17Honourable Mr Justice T.Raja2 pages

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

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14761 of 2017 and W.M.P.(MD)No.11598 of 2017 I.Balamurugan ... 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 issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 04.08.2017 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 efficiency test for the petitioner (Enrolment Number. 2404753) 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 : 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 parties, this writ petition itself is taken up for final disposal.

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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.Now, the grievance of the petitioner appears to be that the respondents have not seen him properly while climbing on the rope. 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 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.From the video recording, it shows that there is no fault on the part of the petitioner while climbing the rope successfully. However, he was disqualified. As he has reached the mark on the rope, the petitioner is declared qualified in the rope climbing and the respondents are hereby directed to permit the petitioner to take part in other tests, if any.

7. The Writ Petition stands allowed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To 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.

+1CC to Mr.R.Venkatesan, Advocate, SR.No. 72978 +1CC to the Special Government Pleader SR.No. 73450 W.P.(MD)No.14761 of 2017 and W.M.P.(MD)No.11598 of 2017 17.08.2017 MRN/GK KK/SV MMS/SAR 2/18.08.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/