Thirumurugan v. The Tamil Nadu Uniform Service Recruitment Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE R.KALAIMATHI and C.M.P.(MD) No.8058 of 2021 Thirumurugan ... Petitioner -vsThe Tamil Nadu Uniformed Service Recruitment Board rep.by its Chairman Old Commissioner of Police Office Pantheon Road Egmore Chennai-600 008 ... Respondent PRAYER: Review Application filed under Order XLVII, Rules 1 & 2 read with Section 114 of the Code of Civil Procedure, against the judgment dated 06.07.2021 made in W.A.(MD) No.1049 of 2021.

For Petitioner :

Mr.K.Sukumar for Mr.P.K.Rajesh Praveen Kumar For Respondent :

Mr.Veera Kathiravan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This review application is filed to review the Judgment, dated 06.07.2021 made in W.A.(MD) No.1049 of 2021.

2. It is not in dispute that this Court has considered the issues raised between the parties elaborately and the order passed by the learned Single Judge in the writ petition was confirmed by the Division Bench by dismissing the writ appeal filed by the review petitioner.

3. Learned counsel for the petitioner mainly contended that the representation given by the petitioner to provide further opportunity to the petitioner to participate in the physical eligibility test was not considered by the respondent and therefore, the petitioner has chosen to file this review petition.

4. It is further contended by the learned counsel for the petitioner that the petitioner sustained leg injury on the particulate date and therefore, he was not in a position to succeed in the physical eligibility test (long jump). In respect of other tests, the petitioner was successful and therefore, his case is to be considered.

5. It is needless to state that selection to the Uniformed Services is to be undertaken scrupulously by following the rules in force. The decision of the Selection Committee is final and the power of judicial review to interfere with the decision of the Selection Committee is limited. Even though the grounds raised by the petitioner may be grounds for appeal. However, such grounds cannot be entertained in a review proceedings so as to review the orders passed in the appeal. The Division Bench of this Court has considered all the facts and circumstances and confirmed the order passed by the learned Single Judge. The petitioner is unable to establish any error apparent on the face of the record, but made an attempt to re-adjudicate the issues on merits, which is impermissible in review proceedings. Thus, we are not inclined to entertain this review petition.

6. Accordingly, the review petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [R.K.M., J.] 03.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

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

S.M.SUBRAMANIAM, J.

and R.KALAIMATHI, J.

krk and C.M.P.(MD) No.8058 of 2021 03.11.2023