R.Kitcha At Vijayan v. The Chairman/Member Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P.(MD)Nos.21492 and 21493 of 2019 R.Kitcha @ Vijayan ... Petitioner -Vs1.The Chairman/Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai.
2.The Chairman, Sub-Committee Madurai Centre & Deputy Inspector General of Police, Madurai Range, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the order dated 07.11.2019, passed by the second respondent in C.No.R2/850/2019 and quash the same as illegal. For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.VR.Shanmuganathan Special Government Pleader
ORDER
The prayer in this Writ Petition is to call for the entire records relating to the impugned order dated 07.11.2019, passed by the second respondent in C.No.R2/850/2019.
2.The case of the petitioner is that he has participated in the recruitment to the post of Grade - II Police Constable, Jail Warder and Fireman - 2019 in pursuant to the notification issued by the first respondent. He has successfully completed the written examination. Thereafter, he appeared for the physical measurement test, in which, chest measurement was taken by the respondents and 1/3
they declared that the petitioner was disqualified. In such circumstances, he has come up with the present Writ Petition for the relief stated supra.
3.According to the learned counsel appearing for the petitioner, in response to the Advertisement issued by the Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai, dated 06.03.2019, the petitioner has applied for the post of Grade - II Police Constable, Jail Warden, Fireman - 2019. He further submitted that as per the Notification issued by the respondents, the normal chest measurement should be 81 c.ms., while expansion the same should be increased to 86 c.ms. or more than above. When that is the factual position, after successful in the written examination, though the petitioner possesses the required chest measurement viz., 81 c.ms. in normal position and 86.5 c.ms. in expansion, his candidature was rejected due to insufficiency of chest measurement and therefore, the learned counsel seeks indulgence of this Court. 4.The learned Additional Advocate General appearing for the respondents was put on notice and he requested an appropriate direction may be given.
5.I have heard the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents and perused the materials on record. 6.In the light of the above submissions and on perusal of the disqualification slip, it is crystal clear that the petitioner possesses the required chest measurement as per Notification issued by the respondents i.e., 81 c.ms. in normal position and 86.5 c.ms. in expansion. Therefore, I am of the view that there may not be any impediment to permit the petitioner to participate in the next level selection process. Accordingly, the order impugned in this Writ Petition is set aside and the respondents are directed to permit the petitioner to attend the next level selection process forthwith. 7.With the above direction, this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) smn2 2/3
To 1.The Chairman/Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai.
2.The Chairman, Sub-Committee Madurai Centre & Deputy Inspector General of Police, Madurai Range, Madurai.
+1CC TO MR.C.SENTHIL MURUGAN, Advocate Sr. No.102202 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 102777 W.P.(MD) No.24896 of 2019 28.11.2019 SV2(CO) TR(05.12.2019)3P 5C 3/3