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Madras High CourtWP(MD)/16499/2021disposed of

Neethipathi v. The Chairman/Member

2021-09-21Honourable Mr Justice D. Krishnakumar16 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and connected Miscellaneous Petitions W.P.(MD) No.16532 of 2021:

Muthuveeran ... Petitioner -vs1.The Secretary to the Government of Tamil Nadu Home (Police) Department Fort St.George, Chennai 2.The Chairman Tamil Nadu Uniformed Services Recruitment Board Old Commissioner of Police Office Campus Pantheon Road, Egmore, Chennai 3.The Member Secretary Tamil Nadu Uniformed Services Recruitment Board Old Commissioner of Police Office Campus Pantheon Road, Egmore, Chennai 4.The Superintendent of Police Madurai District / Sub-Committee Chairman Madurai Centre O/o.The Superintendent of Police Madurai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the entire records pertaining to the impugned disqualification slip issued by the fourth respondent dated 26.07.2021 and quash the same and consequently direct the respondents to remeasure the petitioner's height and permit him to participate in the further recruitment process for the common recruitment for the posts of Gr.II Police Constable, Gr.II Jail Warden and Fireman 2020. 1/16

For Petitioner :

Mr.Navaneetha Raja.K.

For Respondents :

Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government Counsel

1. Neethipathi ... Petitioner in WP(MD). 16499/ 2021

1. Arun ... Petitioner in WP(MD). 16522/ 2021

1. Thamotharan M.S.

... Petitioner in WP(MD). 16570/ 2021

1. Kasiba Sulthana.I ... Petitioner in WP(MD). 16583/ 2021

1. Esakki Raj ... Petitioner in WP(MD). 16626/ 2021

1. Ayyanambalam ... Petitioner in WP(MD). 16694/ 2021

1. Sanchai.T ... Petitioner in WP(MD). 16798/ 2021

1. Jerin Ahino.R ... Petitioner in WP(MD). 16827/ 2021

1. Siva.M ... Petitioner in WP(MD). 16849/ 2021

1. Ajith Kumar.M ... Petitioner in WP(MD). 16999/ 2021

1. Sakthi Manikandan.M ... Petitioner in WP(MD). 17020/ 2021

1. Mahamuni Sritharan ... Petitioner in WP(MD). 17029/ 2021

1. Krishnan.R.B ... Petitioner in WP(MD). 17076/ 2021 - Vs. - 1.The Chairman/member Recruitment Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, Madurai Centre, 2/16

Madurai.

... Respondent(s) in WP(MD). 16499/ 2021

1. The Chairman/member Recruitment Sub -Committee Tamil Nadu Uniformed Services Recruitment Board, Madurai Centre, Madurai.

... Respondent(s) in WP(MD). 16522/ 2021

1. Tamil Nadu Uniformed Service Recruitment Board, Represented by its Member Seretary, 807, 2nd Floor, Anna Salai, Chennai 600 002.

2. Tamil Nadu Uniformed Service Recruitment Board,, Represented by Sub-Committee Chairman/ superintendent of Police, Thoothukudi Centre, 807, 2nd Floor Anna Salai, Chennai 600 008

3. The Director General of Police Mylapore Chennai 600 004.

4. The Superintendent of Police, O/o. the Superintendent of Police, Thoothukudi District. ... Respondent(s) in WP(MD). 16570/ 2021

1. The Chairman The Tamil Nadu Uniformed Service, Recruitment Board, Rep. by its Chairman, Anna Salai, Chennai-600002.

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2. Additional Superintendent Of Police, Water Tower, Round Rd, Elil Nagar, Dindigul Head Quaters, Dindigul-624001.

... Respondent(s) in WP(MD). 16583/ 2021

1. The Secretary to the Government of Tamil Nadu, Home (Police) Department, Fort St.George, Chennai.

2. The Chairman Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

3. The Member Secretary Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

4. The Superintendent of Police Thoothukudi District / Sub-Committee Chairman, Thoothukudi Centre, O/o. the Superintendent of Police, Thoothukudi District ... Respondent(s) in WP(MD). 16626/ 2021

1. The Chairman/member Recruitment Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Viruthunagar Centre, Viruthunagar.

... Respondent(s) in WP(MD). 16694/ 2021

1. Tamilnadu Uniformed Service Recruitment Board, Rep. by its Member Secretary, 4/16

Old Commissioner of Police Office, Pantheon Road, Chennai-600008.

2. Tamil Nadu Uniformed Service Recruitment Board, Rep. by Chairman/member, Sub Committee, Thoothukudi Centre/superintendent of Police, Thoothukudi.

... Respondent(s) in WP(MD). 16798/ 2021

1. The State of Tamil Nadu Rep. by its Secretary, Department of Home, Fort St. George, Chennai-600009.

2. The Director General of Police, Chepauk, Chennai-600005.

3. The Chairman Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600008.

4. The Superintendent of Police/ Sub Committee Chairman, Thoothukudi Centre, Thoothukudi District ... Respondent(s) in WP(MD). 16827/ 2021

1. Tamil Nadu Uniformed ServiceS Recruitment Board, Rep. by its Chairman, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, 5/16

Chennai 600 008.

2. The Chairman Sub Committee, TNUSRB, Trichy Centre.

... Respondent(s) in WP(MD). 16849/ 2021

1. The Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 008.

2. The Deputy Superintendent Of Police, Ramnad.

3. The Chairman Sub Committee and Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram.

... Respondent(s) in WP(MD). 16999/ 2021

1. The Member Secretary Tamilnadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600008.

2. The Chairman Sub Committee Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai-8.

3. The Superintendent of Police / Sub Committee Chairman, Thoothukudi District, Thoothukudi.

... Respondent(s) in WP(MD). 17020/ 2021 6/16

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

2. The Executive President / Superintendent of Police, Trichy District Cum Tamilnadu Uniformed Services Recruitment Board, Trichy Centre.

... Respondent(s) in WP(MD). 17029/ 2021

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

2. The Chairman/ sub Committee Tamil Nadu Uniform Services Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.

3. The Superintendent of Police O/o. the Superintendent of Police, Madurai, Madurai District.

... Respondent(s) in WP(MD). 17076/ 2021 Prayer in WP(MD). 16499/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 29.07.2021 passed by the respondent and quash the same as illegal and consequently direct the respondent to conduct a fresh physical efficiency test for the petitioner (Enrolment No.2817026) for the Post of Grade-II Constable, Grade II Jail Warder and Firemen of police in the Tamil Nadu Uniformed Services Recruitment Board 2020 7/16

Prayer in WP(MD). 16522/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS to call for the records pertaining to the impugned order dated 27.07.2021 passed by the respondent and quash the same as illegal and consequently direct the respondent to conduct a fresh physical efficiency test for the petitioner (Enrolment Number.2807720) for the post of Grade-II Constable, Grade II Jail Warder and Firemen of police in the Tamil Nadu Uniformed Services Recruitment Board 2020 Prayer in WP(MD). 16570/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS to call for the records pertaining to the impugned Annexure-9 Disqualification Slip on the file of the Respondent No.2 dated 29.07.2021 and quash the same as illegal and consequently for a direction, directing the respondents to conduct remeasurement of the petitioners height and permit the petitioner to participate in the further selection process conducted by the respondents in the Common Recruitment for the posts of Grade II Police Constable (Men, Women and Transgender) Grade II Jail Warder (Men and Women) and Fireman for the year 2020 Prayer in WP(MD). 16583/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARI MANDAMUS calling for the records pertaining to the disqualification slip of the Petitioner dated 04.08.2021 order passed by the 2nd Respondent and to quash the same and consequently to direct the 1st Respondent further directing the 1st respondent to conduct retest and other recruitment process in the common recruitment to the post of Grade II Police Constable for the Petitioner Prayer in WP(MD). 16626/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of certiorarified mandamus calling for the entire records pertaining to the impugned disqualification slip issued by the 4th respondent dated 27.07.2021 and quash the same and consequently direct the respondents to re-measure the Petitioners height and permit him to participate in the further recruitment process for the common recruitment for the posts of Gr.II Police Constable, Gr.II Jail Warden and Fireman 2020 Prayer in WP(MD). 16694/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the 8/16

impugned order dt 29.07.2021 passed by the respondent and quash the same as illegal and consequently direct the respondent to conduct a fresh physical measurement test to the petitioner (Enrolment No.2914127) for the post of Grade-II constable, Grade II Jail Warder and Firemen in the Tamil Nadu Uniformed Services Recruitment Board Prayer in WP(MD). 16798/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-4. To issue a Writ of CERTIORARIFIED MANDAMUS to call for the records passed by the second respondent herein in the impugned disqualification slip dated 30.07.2021 and quash the same and consequently direct the respondents herein to permit the petitioner (Enrolment Number. 3712360) to participate in the re-measurement of height test schedule to be held on 22.09.2021 at Trichy Center for the selection to the posts of Grade-II Constable, Grade-II Jail Warder and Firemen of Police Recruitment 2020 Prayer in WP(MD). 16827/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-4. To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the impugned order issued by the 4th respondent Superintendent of Police / Sub Committee Chairman, Thoothukudi Centre dated 29.07.2021 (disqualifying the petitioner from the selection process), QUASH THE SAME, and further DIRECT the 3rd respondent the Chairman, TN Uniform Service Recruitment Board to consider the petitioners candidature for common recruitment for the posts of Grade II Police Constable, Grade II Jail Warder and Firemen 2020 by providing another opportunity for re-measurement of height, which is scheduled to be conducted on 22.09.2021 at Trichy Centre or in any other future date as may be stipulated by Prayer in WP(MD). 16849/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of certiorarified mandamus calling for the records relating to the impugned disqualification slip dated 27.07.2021, issued by the 2nd respondent in respect of the petitioner and quash the same and consequently direct the respondents to re-measure the petitioners height and permit him to participate in the further common recruitment process for selection to the posts of Gr.II Police Constable, Gr.II Jail Warder and Fireman for the year 2020 Prayer in WP(MD). 16999/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of 9/16

certiorarified mandamus calling for the records pertaining to the impugned order of disqualification dated 26.07.2021 passed by the 3rd respondent, and quash the same and with a consequential direction directing the respondents to conduct fresh physical measurement - height of the petitioner and also direct the 2nd and 3rd respondents to conduct the other test and further direct the respondents to permit the petitioner to participate in the subsequent stage of the selection for the post of Grade II Police Constables (Men, Women and Third Gener), Gr.II Jail Warders (Men and Women) and Firemen for the year 2020 Prayer in WP(MD). 17020/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS to call for the records, relating to the impugned disqualification slip, passed by the 3rd respondent against the petitioner vide his proceedings dated 28.07.2021 and to quash the same and further directing the respondent to permit the Petitioner to participate in the physical endurance Test and other recruitment process in the common recruitment to the post of Grade II Police Constable, Grade II Jail Warder, Firemen - 2020 Prayer in WP(MD). 17029/ 2021 :

Writ Petition is 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 disqualification slip dated 28.07.2021 and also the impugned consequential disqualification proceedings issued by the 2nd respondent vide his proceedings in Na.Ka.No.A2/24400/2020 dated 30.07.2021 and consequently direct the respondents to conduct a fresh physical efficiency test for the petitioner (Enrolment No.2012678 for the post of Police Constable Grade II, Jail Warden Grade II and Firemen in the Tamilnadu Uniformed Services Recruitment Board 2020 Prayer in WP(MD). 17076/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS or any other appropriate writ or order or direction in the nature of writ calling for the records relating to the impugned disqualification flip issued by the 2nd respondent in his proceedings dated 28.07.2021 and quash the same as illegal and consequentially to direct the 2nd respondent to conduct fresh measurement of Height of the petitioner and allow the petitioner to participate in the other selection process for the recruitment to the post of Gr.II Police Constable (Men and Women/Transgender) Gr.II Jail Warder (Men and Women) and firemen for the year 2020 within the period that may be stipulated by this Honble Court and pass such further or other 10/16

WP(MD)16499/2021 For Petitioner : Mr.R.Venkatesan For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government counsel WP(MD)16522/2021 For Petitioner : Mr.R.Venkatesan For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government counsel WP(MD)16570/2021 For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government counsel WP(MD)16583/2021 For Petitioner : Mr.M.Madhu Prakash For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government counsel WP(MD)16626/2021 For Petitioner : Mr.K. Navaneetha Raja For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.

Manikkam Government counsel WP(MD)16694/2021 For Petitioner : Mr.K.Venkateshwaran For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government counsel WP(MD)16798/2021 For Petitioner : Mr.K.Vamanan For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.

WP(MD)16827/2021 For Petitioner : Mr.K.Ragatheeshkumar For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government counsel WP(MD)16849/2021 For Petitioner : Mr.S.Ram Sundar Vijayraj For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government counsel WP(MD)16999/2021 For Petitioner : Mr.Porkodikarnan For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government counsel WP(MD)17020/2021 For Petitioner : Mr.R.Maheswaran For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government counsel WP(MD)17029/2021 For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.

Manikkam Government counsel WP(MD)17076/2021 For Petitioner : Mr.S.Veerapandi Selvaraj For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government counsel C O M M O N O R D E R Since the relief sought for in all the writ petitions are one and the same, they are clubbed, heard together and are being disposed of by this common order.

2. The petitioners have filed these writ petitions challenging their disqualification in the selection process for the 12/16

posts of Grade-II Police Constable, Grde-II Jail Warden and Firemen.

3. The learned counsel appearing for the petitioners submitted that the petitioners herein are having eligible height and therefore, an opportunity may be given to them to permit them to participate in the re-measurement of height test scheduled to be held tomorrow (i.e.on 22.09.2021) and in support of his contention, the learned counsel has placed reliance upon the order of this Court dated 07.09.2021 in W.P.(MD) Nos.13581 of 2021 etc. batch, wherein this Court has granted similar relief to the petitioners therein and therefore, prayed that the similar relief may be granted to the petitioners herein also.

4. Mr.Veera.Kathiravan, learned Additional Advocate General assisted by Mr.A.K.Manikkam, learned Government Counsel appearing for the respondents, submitted that since most of the present writ petitions have been filed after 07.09.2021, the petitioners herein cannot claim the relief granted by this Court vide order dated 07.09.2021 in W.P.(MD) No.13581 of 2021 etc., and hence, the present writ petitions are liable to be dismissed on the grounds of delay and laches.

5. By way of reply, the learned counsel appearing for the petitioners submitted that today, the Principal Bench of this Court has granted relief to the similarly placed persons by permitting them to participate in the remeasurement of height test scheduled to be held on 22.09.2021 and therefore, if such a relief is granted to the petitioners herein, no prejudice would be caused to the respondents.

6. At this juncture, the learned Additional Advocate General prayed that if any such writ petition is filed hereafter praying the very same relief, the same shall not be entertained as the Test is scheduled to be held on 22.09.2021.

7. Heard the learned counsel on either side and perused the materials available on record.

8. This Court, by order dated 07.09.2021 in W.P.(MD) Nos.13581 of 2021 etc. batch, has allowed the writ petitions and permitted the petitioners therein to participate in the remeasurement of height test to be conducted on 22.09.2021 at Trichy Centre, with certain directions. Therefore, on the same line, this Court is inclined to pass orders in the present writ petitions also: i) The writ petitioners herein are directed to participate in the remeasurement of height test that is proposed to be conducted on 22.09.2021 at Trichy Centre;

ii) The respondents shall take the measurement only 13/16

through the digital method and shall videograph the same;

iii) Based on the revised measurement, the respondents shall take a final decision for the selection of the petitioners to the posts of Grade-II Constable, Grade II Jail Warder and Firemen;

iv) The said exercise shall be completed as expeditiously as possible without any further delay; and v) It is open to the respondents, if any fresh writ petitions are filed, the same can also be agitated on the ground of laches.

9. With the above directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned krk To:

1.The Secretary to the Government of Tamil Nadu, Home (Police) Department, Fort St.George, Chennai.

2.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

3.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.

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4.The Superintendent of Police, Madurai District / Sub-Committee Chairman, Madurai Centre, O/o.The Superintendent of Police, Madurai District.

5.Sub-Committee Chairman/superintendent of Police, Tamil Nadu Uniformed Service Recruitment Board,, Thoothukudi Centre, 807, 2nd Floor Anna Salai, Chennai 600 008 6.The Director General of Police Mylapore Chennai 600 004.

7.The Superintendent of Police, O/o. the Superintendent of Police, Thoothukudi District.

8.Additional Superintendent Of Police, Water Tower, Round Rd, Elil Nagar, Dindigul Head Quaters, Dindigul-624001.

9.The Chairman/member Recruitment Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Viruthunagar Centre, Viruthunagar.

10..The Chairman Sub Committee, TNUSRB, Trichy Centre.

11.The Deputy Superintendent Of Police, Ramnad.

12.The Chairman Sub Committee and Deputy Inspector General of Police, 15/16

Ramanathapuram Range, Ramanathapuram.

13.The Chairman/Member recruiment Sub-Committee. Tamil Nadu Uniformed Services Recruitment Board, Madurai.

14.The Executive President/Superintendent of Police Trichy District Cum Tamil Nadu Uniformed Services Recruitment Board, Trichy.

+1 CC to M/s.SPL.GP ( SR-29880[F],29827, 29875, 29877, 29879, 29881, 29876, 29878, dated 22/09/2021 ) +1CC to Mr.K.Ragatheeshkumar,Advcocate, SR.No. 29953 dated 22/0/2021 +1CC to Mr.S.Ram Sundar Vijayraj,Advocate, SR.No. 29961 dated 22/09/2021 W.P.(MD) Nos.16499, 16522, 16532, 16570, 16583, 16626, 16694, 16798, 16827, 16849, 16999, 17020, 17029 & 17076 of 2021 21.09.2021 SRR(CO) KB(04.10.2021) 16P 18C 16/16