Madras High CourtWP(MD)/16569/2017dismissed

C.Jegan v. The Member Secretary

2017-09-06Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.16569 of 2017 C.Jegan ... Petitioner vs.

1)The Member Secretary, Tamilnadu Uniformed Services Recruitment Board, Chennai.

2)The Chairman, Tamilnadu Uniformed Services Recruitment Board, Madurai Centre.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 2nd respondent to produce the video recording of the petitioner's rope climbing and running event conducted on 26.08.2017 before this Hon'ble Court for evaluation to grant him the double star with the respective mark for the rope climbing and running event and consequently direct the respondents to add the same in his total marks in the publication of result in connection with the Common Recruitment for the posts of Gr.II Police Constables (Men, Women & Third Gender), Gr.II Jail Warders (Men & Women) and Firemen for the year 2017.

For Petitioner : Mr.S.Sivabalan, for Mr.Venkateshan For Respondents : Mr.A.K.Baskarapandian Special Government Pleader

ORDER

The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the 2nd respondent to produce the video recording of the petitioner's rope climbing and running event conducted on 26.08.2017 before this Court for evaluation to grant him double star with the respective mark for the rope climbing and running event and consequently direct the respondents to add the same in his total marks in the publication of result in connection with the Common Recruitment to the posts of Gr.II Police Constables (Men, Women & Third Gender), Gr.II Jail Warders (Men & Women) and Firemen for the year 2017.

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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 and that the petitioner was able to reach the distance of 6th meter, therefore, he should be given double star.

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 counsel for petitioner, learned Special Government Pleader and the representatives of the department. Perusal of the video clipping/recording shows that the petitioner has committed foul play while climbing 6th metre from 5th metre although he has climbed the rope correctly till 5th metre, therefor, one star given by the respondents for his performance in the rope climbing is perfectly in order and he is not entitled to double star, hence, there is no infirmity in the impugned order, accordingly, this Writ Petition fails and the same is dismissed. No costs.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To 1)The Member Secretary, Tamilnadu Uniformed Services Recruitment Board, Chennai.

2)The Chairman, Sub Committee, Tamilnadu Uniformed Services Recruitment Board, Madurai Centre.

+1cc to Mr.S.Sivabalan, Advocate Sr.No.77456 +1cc to Spl.Government Pleader Sr.No.77290 NBI VB/GT/SAR1/21/09/2017/2P/5C WP(MD)No.16569 of 2017 06.09.2017 https://hcservices.ecourts.gov.in/hcservices/