R.Rameshkumar v. The Member Secretary
W.P.(MD) No.25827 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.25827 of 2019 and W.M.P(MD) Nos.22342 and 22343 of 2019 R.Rameshkumar ... Petitioner /vs./ 1.The Member Secretary, Tamily Nadu Uniformed Service Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
2.The Chairman, Recruitment 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 Certiorarified mandamus, to call for the records in pursuant to the impugned notice issued by the second respondent in C.No.R2/850/2019 dated 20.11.2019 and to quash the same and consequently directing the respondents to permit the petitioner to participate in the next level selection process such as Long Jump or High Jump, 100 meter (or) 400 meter run in pursuant of TNUSRB Combined Recruitment for Gr.II Police Constables/Grade II Wardens/Firemen (Men and Women)-2019 if the petitioner found eligible in Rope Climbing during re-conduct and direct the respondents to appoint the petitioner as Grade-II police Constable within a time frame that may be stipulated by this Court. For Petitioner : Mr.P.Kalaiyarasi Bharathi For Respondents : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.R.Sethuraman, Special Government Pleader
ORDER
This writ petition has been filed challenging the disqualification slip issued by the second respondent vide C.No.R2/850/2019 dated 20.11.2019.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.25827 of 2019
2. In view of the various pronouncements of the Division Bench of this Court observing that the High Court cannot be a forum to order for retest and also taking note of the fact that the petitioner has not achieved 5 metres in rope climbing during the recruitment test, this Court is not inclined to entertain the prayer sought for in this writ petition. However, if the petitioner is of the view that the original measurement was not properly taken, it is always open to the petitioner to cross-check the same by making an appropriate application under the Right To Information Act [RTI] seeking for video recording of the measurement taken and on verification of such recording, if the petitioner is of the view that he has qualified the physical measurement, it is open to the petitioner to redress his grievances in a manner known to law.
3. With the above observations, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition are closed.
Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) cp To:
1.The Member Secretary, Tamily Nadu Uniformed Service Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-600 008.
2.The Chairman, Recruitment Sub-Committee, Madurai Centre Deputy Inspector General of Police, Madurai Range, Madurai.
+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-104613[F] dated 12/12/2019 ) +1 CC to M/s.SPL.GP ( SR-104674[F] dated 12/12/2019 ) W.P.(MD) No.25827 of 2019 and W.M.P(MD) Nos.22342 and 22343 of 2019 11.12.2019 KK/SAR/08.01.2020/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2