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Madras High CourtWP(MD)/16350/2017dismissed

E.Vigneshwaran, S/O.Eswaran v. Tamil Nadu Uniformed Services

2017-09-01Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.16350 of 2017 and WMP(MD)No.13022 of 2017 E.Vigneshwaran ... Petitioner vs.

1.Tamil Nadu Uniformed Services Recruitment Board, Rep. by its Chairman, Pantheon Road, Egmore, Chennai-600 008.

2.The Member Secretary, Pantheon Road, Egmore, Chennai-600 008.

3.The Chairman Sub-Committee/Member, Dindigul Centre, Pantheon Road, Egmore, Chennai-600 008.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the third respondent herein in C.No.R2/150/2017, dated 03.08.2017 and quash the same and consequently direct the respondents to permit the petitioner to participate in the remaining efficiency test, viz., long jump or high jump and 100 mtrs. or 400 mtrs. running relating to the recruitment for the post of Grade-II Police Constable, Jail Warden and Firemen-2017.

For Petitioner : Mr.D.Sivaraman For Respondents : Mr.A.K.Baskarapandian Special Government Pleader

ORDER

The prayer in the writ petition is for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the

order passed by the third respondent herein in C.No.R2/150/2017, dated 03.08.2017 and quash the same and consequently direct the respondents to permit the petitioner to participate in the remaining efficiency test, viz., long jump or high jump and 100 mts. or 400 mts. running relating to the recruitment for the post of Grade-II Police Constable, Jail Warden and Firemen-2017. 2.The impugned order has been questioned on the ground that during physical efficiency test, the petitioner's performance in respect of rope climbing test 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 Special Government Pleader 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 petitioner's performance regarding rope climbing test has been displayed before this Court in the presence of the petitioner and his counsel. From the video clipping/recording, I am satisfied with the assessment made by the officer concerned to disqualify the petitioner in the rope climbing. I am able to see that while climbing the rope, the petitioner was taking support from his thigh. 5.A perusal of the procedure for conduct of rope climbing also states that the candidates, who have to climb rope using their hands only and they should not use their feet or any other parts of the body while climbing on the rope.

A careful perusal of the videographs displayed before this Court also clearly shows that the petitioner has used his thigh, therefore, he has been rightly disqualified by the third respondent, hence, this Court is not inclined to entertain the prayer of the petitioner. Accordingly, this writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar.

To 1.The Chairman, Pantheon Road, Egmore, Chennai-600 008.

2.The Member Secretary, Pantheon Road, Egmore, Chennai-600 008.

3.The Chairman Sub-Committee/Member, Dindigul Centre, Pantheon Road, Egmore, Chennai-600 008.

+1CC to Mr.D.Sivaraman, Advocate, SR.No. 76316 +1CC to the Special Government Pleader SR.No. 76570 WP(MD)No.16350 of 2017 01.09.2017 smn2 AM/SKN RSK/SAR 2/07.09.2017/3P/6C