R.Kannan v. The Director General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE R.Kannan ... Petitioner Vs.

1.The Director General of Police and Chairman, Tamil Nadu Uniformed Service Recruitment Board, Chennai-600 002.

2.The Deputy Inspector General of Police, Madurai Region, Madurai.

3.The Commissioner of Police, Madurai City, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the first respondent dated 08.10.2016 in N.No.A3/02111/2016 quash the same and consequently direct the respondents herein to conduct a detailed enquiry to the erring officials involved in the selection.

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For Petitioner : Ms.Muthu Kavitha for Mr.KMuthuganesapandian For R-1 to R-3 : Mr.Veera Kathiravan, Additional Advocate General-III, assisted by Mr.G.Suriya Ananth, Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the impugned order dated 08.10.2016 passed by the first respondent rejecting the petitioner's representation on the ground that the recruitment for the post of Sub Inspector of Police pertains to the year 2006 and that the petitioner has also not satisfied the height requirement as his height is only 167.7 cms, whereas, the height requirement for the said recruitment is 168 cms.

2. A counter affidavit has also been filed by the respondents in this Writ Petition denying the contentions of the petitioner.

3. In this Writ Petition, a consequential prayer has already been sought for by the petitioner seeking for a direction to the respondents to conduct a detailed enquiry against the erring officials involved in the selection process to 2/5

the post of Sub Inspector of Police for the year 2006. However, as seen from the representation of the petitioner which has been considered and rejected under the impugned order passed by the first respondent, the prayer for conducting a detailed enquiry and to take action against the erring officials is not found. The recruitment pertains to the year 2006 and the petitioner had applied for the post of Sub Inspector of Police under the departmental quota and his application was rejected, since he did not satisfy the height criteria fixed under the recruitment. As seen from the impugned order, the petitioner's height is 167.7 cms, whereas, as per the recruitment notification, the minimum height requirement should be 168 cms.

4. The petitioner has also challenged the rejection of his appointment pertaining to a selection process of the year 2006 only in the year 2017 by following this Writ Petition. The representation of the petitioner was also given by him to the respondents only in the year 2016 which has been rejected under the impugned order dated 08.10.2.016. At this stage, after the lapse of almost 18 years from the date of recruitment for which the petitioner had applied the question of entertaining this Writ Petition at this stage does not arise. 3/5

5. As it is clearly found that the Writ Petition has to be dismissed on the ground of laches and also on the ground that the petitioner has not satisfied the height requirements as per the recruitment notification, in the result, there is no merit in this Writ Petition and accordingly the same stands dismissed. No costs.

12.08.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The Director General of Police and Chairman, Tamil Nadu Uniformed Service Recruitment Board, Chennai-600 002.

2.The Deputy Inspector General of Police, Madurai Region, Madurai.

3.The Commissioner of Police, Madurai City, Madurai.

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ABDUL QUDDHOSE, J.

TSG 12.08.2024 5/5