Madras High CourtWP(MD)/15727/2020dismissed

N.Shanmugapriya v. The Member Secretary

2021-01-08Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD)No.15727 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2021

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.15727 of 2020 and W.M.P.(MD)Nos.13181 and 13183 of 2020 N.Shanmugapriya : Petitioner Vs.

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

2.The Chairman, Sub Committee, PET Centre, Rajarathinam Stadium, Pudhupet, Chennai - 2.

: Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned disqualification order, dated 27.10.2020 in C.No.R2/860/2019, passed by the second respondent and quash the same as illegal and consequently, to direct the respondents to allow the petitioner to participate in the Interview/Viva voice for the the post of Sub Inspector of Police (TK, AR & DSP) for the year 2019 in the Tamil Nadu Uniformed Services Recruitment Board, 2019.

For Petitioner :Mr.S.Ramu For Respondents :Mr.K.Chellapandian Additional Advocate General

ORDER

This Writ Petition has been filed challenging the impugned disqualification order, dated 27.10.2020 in C.No.R2/860/2019, passed by the second respondent and for consequential direction to direct the respondents to allow the petitioner to participate in the Interview/Viva voice for the the post of Sub Inspector of Police (TK, AR & DSP) for the year 2019 in the Tamil Nadu Uniformed Services Recruitment Board, 2019.

2.Heard Mr.S.Ramu, learned Counsel for the petitioner and Mr.K.Chellapandian, learned Additional Advocate General for the respondents.

3.According to the petitioner, during the physical endurance test, she had completed 100 meter running in 17.5 seconds and that https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15727 of 2020 the respondents have disqualified her by noticing the timing wrongly as 18.5 seconds.

4.The grounds raised by the petitioner has already been dealt with by the Honourable Full Bench of this Court, in W.A.No.8 of 2020 and batch, wherein, it has been categorically held that the factual issues cannot be re-appreciated and that when there are any discrepancies, it would not be open for the Court to examine its validity by viewing the footage or otherwise. 5.The Honourable Division Bench of this Court in the case of N.Gajendran vs the State of Tamil Nadu and others, in W.A.(MD) No.1295 of 2015, dated 01.02.2016, has held that such findings of facts in selection process cannot be re-visited by the Courts by exercising its power under Article 226 of Constitution of India. 6.For the foregoing reasons, I do not find any merits in this Writ Petition. Accordingly, this Writ Petition is dismissed. No costs.

Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) cmr To 1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai-8.

2.The Chairman, Sub Committee, PET Centre, Rajarathinam Stadium, Pudhupet, Chennai - 2.

+1 CC to M/s.SPL GP ( SR-945[F] dated 18/01/2021 ) +1 CC to M/s.S.RAMU, Advocate ( SR-844[F] dated 11/01/2021 ) W.P.(MD)No.15727 of 2020 08.01.2021 KUN(CO) KB(02.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2