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Madras High CourtWP(MD)/14999/2017allowed

R.Sivakarthick, v. The Director General Of Police

2017-08-21Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14999 of 2017 and W.M.P.(MD)No.11843 of 2017 R.Sivakarthick ... Petitioner Vs.

1.The Director General of Police, O/o. The Director General of Police, Chennai. 2.The Member Secretary, Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

3.The Chairman, Sub Committee/Member, Tamil Nadu Uniform Service Recruitment Board, Dindigul Centre.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in his proceedings in C.No.R2/150/2017 dated 03.08.2017 quash the same and consequently direct the third respondent to conduct further physical test for the Post of Grade II Police Constable/Grade II Jail Warden and Fireman.

For Petitioner : Mr.M.A.M.Raja 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.

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.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. Hence, the petitioner is declared as qualified in the rope climbing and the respondents are hereby directed to permit the petitioner to take part in other tests.

7. The Writ Petition stands allowed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Director General of Police, O/o. The Director General of Police, Chennai.

2. The Member Secretary, Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

3. The Chairman, Sub Committee/Member, Tamil Nadu Uniform Service Recruitment Board, Dindigul Centre.

+1cc to M/s.M.A.M.Raja, Advocate, in SR No.73710 +1cc to Special Government Pleader in SR.No. 74191 W.P.(MD)No.14999 of 2017 21.08.2017 am MS-CM-MSA-SAR 2/23.8.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/