Akilan Martin.G v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.15432, 15036, 15038 & 15040 of 2022 In W.P.(MD)No.21289 of 2022 G.Akilan Martin ... Petitioner Vs.
1.The Chairman, 2.The Superintendent of Police, ... Respondents Prayer : Writ Petition 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 disqualification slip of this petitioner with enrollment No.4003719 with dated 23.08.2022, issued by this 2nd respondent as by quashing it null and void and thereby direct these respondents to take the height measurement of this petitioner with qualified persons with digital and manual scales in the video coverage in front of the 2nd respondent before the end of the 1/6
physical test over in the 2022 requirement of Sub-Inspector of Police (Taluk and Armed Reserved (Men Women and Transgenders))- 2022, selection of Madurai.
For Petitioner : Mr.F.X.Eugene For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader In W.P.(MD)No.20733 of 2022 R.Anantharaj ... Petitioner Vs.
1.The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Pantheon Road, Egmore, Chennai-600 008.
2. The Chairman / Sub Committee, 3.The Superintendent of Police / Sub Committee Chairman, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the 2/6
records relating to the impugned disqualification slip, passed by the 3rd respondent against the petitioner vide his proceedings dated 23.08.2022 and to quash the same and further directing the respondents to permit the petitioner to participate in the physical endurance Test and other recruitment process in the common recruitment to the post of Sub-Inspectors of Police (Taluk and AR) - 2022.
For Petitioner : Mr.R.Maheswaran For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader COMMON ORDER Heard the learned counsel appearing for the petitioners and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents.
2. The petitioners took part in the recruitment process held for the post of Sub Inspectors of Police. They were not selected on the ground that they did not fulfil the height requirement.
3. When the matter was taken up for hearing on 16.09.2022, the following order was passed:- 3/6
"Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents.
2. The issue raised in both these writ petitions is that the writ petitioners have been disqualified solely on the ground that they do not meet the height requirements. In the interest of justice, the writ petitioners are permitted to appear before the Chairman, Sub Committee, TNUSRB, Trichy on 21.09.2022 at 10.00 a.m. The height of the writ petitioners will be digitally measured. The process of measurement including the reading will be duly videographed. It shall be produced before this Court. If the petitioners happen to qualify in the height test, they can also take part in the Physical Endurance Test which is to be held on the next day.
3. Call these cases on 26.09.2022."
4. Pursuant to the direction given by this Court, the respondents permitted the petitioners to take part in the Physical Measurement Test conducted afresh. The Inspector General of Police / Member Secretary, Tamil Nadu Uniformed Services Recruitment Board has filed a report in which it has been stated as follows:- "6. It is submitted that on 21.09.2022, the petitioner Thiru.G.Akilan Martin participated in the Physical Measurement Test conducted by the Trichy Sub-Committee. During the height re-measurement, he was found to be 170.5 cm. The required height for BC men being 170 cm, he qualified the height measurement test. He was allowed for further tests ie., Chest measurement test, Endurance test and Physical Efficiency tests and had got qualified in all the stages. Having qualified the physical test, the petitioner will be allowed for further process of selection.
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6. It is submitted that on 21.09.2022, the petitioner Thiru.R.Anantharaj participated in the Physical Measurement Test conducted by the Trichy SubCommittee. During the height re-measurement, he was found to be 170.5 cm. The required height for BC men being 170 cm, he qualified the height measurement test. He was allowed for further tests ie., Chest measurement test, Endurance test and Physical Efficiency tests and had got qualified in all the stages. Having qualified the physical test, the petitioner will be allowed for further process of selection."
5. In view of the same, the respondents have fairly stated that since the petitioners have fulfilled the parameters of physical test, they will be allowed for further process of selection.
6. Recording the said submission, these Writ Petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. 26.09.2022 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 27.09.2022 To 1.The Member Secretary, Tamil Nadu Uniformed Services, Recruitment Board, Pantheon Road, Egmore, Chennai-600 008.
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G.R.SWAMINATHAN, J.
rmi
2. The Chairman / Sub Committee, 3.The Superintendent of Police / Sub Committee Chairman, 26.09.2022 6/6