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Madras High CourtWP(MD)/19389/2018dismissed

B.Sivabalan, v. The Chairman

2018-09-07Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 07.09.2018

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.19389 of 2018 and W.M.P(MD)No.17230 of 2018 B.Sivabalan ..Petitioner Vs 1.The Chairman, 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 the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 5.9.2018 in C.No.R2/5474/2018 passed by the second respondent and to quash the same as illegal and consequently direct the respondents to conduct a fresh efficiency test for the Petitioner(Enrolment Number 2416349) for the post of Grade-II Constable, Grade-II Jail Warders and Firemen in the Tamil Uniformed Services Recruitment Board 2018.

For Petitioner :Mr.R.Venkatesan.

For Respondents :Mr.K.Chellapandian Addl.Advocate General assisted by Mr.A.K.Baskarapandian Special Govt Pleader

ORDER

The Petitioner has come forward with this Writ Petition seeking to quash the impugned order dated 5.9.2018 in

C.No.R2/5474/2018 passed by the second respondent and consequently direct the respondents to conduct a fresh efficiency test for the Petitioner(Enrolment Number 2416349) for the post of Grade-II Constable, Grade-II Jail Warders and Firemen in the Tamil Uniformed Services Recruitment Board 2018.

2.Heard Mr.R.Venkatesan, learned counsel for the Petitioner and Mr.K.Chellapandian, learned Additional Advocate General (assisted by Mr.A.K.Baskarapandian, learned Special Government Pleader) appearing for the respondents. By consent of both parties, the main Writ Petition is taken up for final disposal at the admission stage itself.

3.The Petitioner has come forward with this Writ Petition challenging the order dated 5.9.2018, holding that the Petitioner was disqualified in rope climbing and the reason is that the Petitioner has lost his control while climbing the rope and hence he was disqualified from the selection process and in the Disqualification Slip, it has been mentioned that the Petitioner has climbed rope less than five metres. The Petitioner has also admits that he could not do the rope climbing and that he must be given another chance. Brouchure/Instructions does not permit second innings for any candidates to repeat the selection process. If it is allowed, then all the non-selected candidates approach this Court in one way or other and in that process, there could not be any recruitment at all. Hence this Court is of the view that as the Petitioner has failed in the rope climbing, the relief sought for by the Petitioner cannot be granted and as such the Writ Petition fails.

4.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Chairman, 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.

+1cc to Mr.R.Venkatesan, Advocate Sr.No.82961 +1cc to Spl.Government Pleader Sr.No.83120 VSN VB/SV/SAR4/08.11.2018/3P/5C W.P(MD)No.19389 of 2018 and W.M.P(MD)No.17230 of 2018 07.09.2018