Pavish, v. The Member Secretary,

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

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.15472 of 2017 and W.M.P.(MD)No.12229 of 2017 Pavish ... Petitioner Vs.

1.The Member Secretary, The Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 8.

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 relating to the impugned disqualification slip passed by the second respondent in C.No.R2/150/2017 dated 07.08.2017 and quash the same as illegal and consequently direct the respondents to conduct further tests in the Recruitment for the posts of Gr II Police Constable, Gr II Jail Warders and Firemen - 2017 to the petitioner.

For Petitioner : Mr.T.A.Ebenezer 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 has come to this Court challenging the impugned disqualification slip issued by the second respondent dated 07.08.2017 and for a consequential direction to the respondents to conduct rope climbing test.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel appearing for the petitioner would submit that when he was climbing on the rope, the second respondent asked

him to get down from the rope in the half way. Since he was asked to get down from the rope, as per the instructions of the 2nd respondent, without climbing further, he came down. However, he has not given any chance.

4.This type of false allegations do not appeal to the Court. When the petitioner was asked to come down from his midway from the rope climbing, it goes without saying that he might not have climbed properly, as per the instructions. The instructions clearly show that the candidates climbing on rope should not use their thighs with the rope. Secondly their leg or feet also should not be used to climb the rope. As this Court sitting under Article 226 of the Constitution of India cannot go into the dispute to see why he was asked to come down from the mid way of rope climbing. However, the learned Additional Advocate General submitted that the petitioner failed to follow the instructions and he was climbing with his thighs.

5.Agreeing with his submissions, the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The Member Secretary, The Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 8.

2.The Chairman, Recruitment Sub Committee, Madurai Centre & Deputy Inspector General of Police, Madurai Range, Madurai.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 73835 +1cc to M/s.T.A.EBENEZER Advocate in SR. No.73100 MRN/RR JS/SV.MMS/SAR.2/12.09.2017/ 2P-5C W.P.(MD)No.15472 of 2017 18.08.2017 https://hcservices.ecourts.gov.in/hcservices/