S.Syed Mohamed Rafik, v. The Member Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.16236 of 2017 and W.M.P.(MD)No.12910 & 12911 of 2017 S.Syed Mohamed Rafik : Petitioner Vs.
1.The Member Secretary, 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 and Deputy Inspector General of Police, Madurai Range, Madurai.
: Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records in pursuant to the impugned notice issued by the second respondent in C.No.R2/150/2017 dated 08.08.2017 and to quash the same and consequently directing the respondents to permit the petitioner to participate in the next level selection process such as 100 meter or 400 meter run in pursuant to TNUSRB Combined Recruitment for Gr.II Police Constables / Grade II Warders / Firemen (Men and Women) - 2017 if the petitioner found eligible in long jump during re-conduct and direct the respondents to appoint the petitioner as Grade-II Police Constable within a time frame that may be stipulated by this Court. For Petitioner : Ms.P.Kalaiyarasi Bharathi For Respondent : 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, the writ petition itself is taken up for final disposal.
2.The petitioner has questioned the correctness of the impugned disqualification slip dated 08.08.2017, issued by the respondent department, in and by which, the petitioner was found disqualified in the Long Jump event.
3.The learned counsel for the petitioner would submit that on 08.08.2017, the petitioner was called for the Physical Efficiency Test namely Rope Climbing, High Jump, Long Jump etc,. The petitioner took part in the Rope Climbing test and successfully completed the test and secured two stars. Therefore, he was allowed to take part in the Long Jump event. 4.The learned counsel for the petitioner would further submit that in the Long jump event two chances were given to the petitioner. In the first attempt, the petitioner was said to have committed a foul play. Hence, no measurement was taken. In the second attempt, eventhough the petitioner jumped beyond 3.86 meters, the second respondent disqualified the petitioner on the ground that he had put his hand behind his body before crossing 3.86 meters. Hence, the petitioner is before this Court seeking a direction to the respondents to give him one more chance to participate in the said even.
5.The learned Additional Advocate General appearing for the respondents would submit that as per rule, the petitioner was given two chances in the Long Jump event. He would further submit that the petitioner himself admitted the fact that he was given two chances and in the first chance he committed a foul play. When a second chance was given, although the petitioner jumped beyond 3.86 meters, he put his hand behind his body. Therefore, as per the rules, measurement has been taken only from the point on the ground where the petitioner put his hand. 6.Therefore, this Court is unable to find any infirmity in the impugned disqualification slip issued by the respondents as the measurement in the long jump event has been taken only as per the rules. Rules 2 and 3 of the IAAF Competition Rules 2009 reads as follows:
"2.When leaving the landing area, an athlete's first contact by foot with its border or the ground outside shall be further from the take-off line than the nearest break in the sand.
Note: This first contact is considered leaving. 3.All jumps shall be measured from the nearest break in the landing area made by any part of the body to the take-off line, or take-off line extended. The measurement shall be taken perpendicular to the take-off line or its extension."
7.In the light of the above, this Writ Petition stands dismissed accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar +One cc to The Special Government Pleader, SR.No.75411 +One cc to Mr.P.Kalaiyarasi Bharathi, Advocate, SR.No.75193 MR/MRN RL/3C/3P/MR/KKR/SAR2/20/10/2017 W.P.(MD)No.16236 of 2017 29.08.2017