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Madras High CourtWP(MD)/14786/2017partly allowed

G.Arun Prakash, S/O.George, v. The Chairman,

2017-08-18Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14786 of 2017 and W.M.P.(MD)No.11624 of 2017 G.Arun Prakash ... Petitioner vs.

1.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, Egmore, Chennai-600 008.

2.The Chairman / Member, Sub Committee, Tirunelveli Centre, The Tamil Nadu Uniformed Service Recruitment Board, Egmore, Chennai - 600 008.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 2nd respondent in pursuant to the impugned order passed by him in his proceedings in Rc.No.R2/150/2017, dated 27.07.2017 and quash the same as illegal and arbitrary and consequently direct the respondents to conduct physical measurement test (height) to the petitioner afresh by a qualified Physical Director for appointment to the post of Grade II Police Constable for the year 2017 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.Daniel Manoharan 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 records on the file of the 2nd respondent in pursuant to the impugned order passed by him in his proceedings in Rc.No.R2/150/2017, dated 27.07.2017 to quash the same as illegal and arbitrary and consequently direct the respondents to conduct physical measurement test (height) to the petitioner afresh by a qualified Physical Director for appointment https://hcservices.ecourts.gov.in/hcservices/

to the post of Grade II Police Constable for the year 2017 within the time limit that may be stipulated by this Court. 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 169 cms by manual measurement, but again when he was measured manually, his height was 168.5 cms. The height of the petitioner has not been measured by digital measurement, hence, the respondents are directed to measure the height of the petitioner by digital measurement. Accordingly, this Writ Petition is allowed and the impugned order is set aside. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, Egmore, Chennai-600 008.

2.The Chairman / Member, Sub Committee, Tirunelveli Centre, The Tamil Nadu Uniformed Service Recruitment Board, Egmore, Chennai - 600 008.

+1cc to M/S.M.Daniel Manoharan, Advocate SR.No. 73286 +1cc to Special Government Pleader, SR.No. 73828 WP(MD)No.14786 of 2017 18.08.2017 nbi JM/SV MMS/SAR 2/23.08.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/