G.Sakthivel v. The Chairman
W.P.(MD) No.26142 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26142 of 2019 and W.M.P.(MD) No.22607 of 2019 G.Sakthivel ... Petitioner vs.
1) The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008
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 Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 20.11.2019 in C.No.R2/850/2019 passed by the 2nd respondent and quash the same as illegal and consequently direct the respondents to conduct a fresh efficiency test for the petitioner (Enrolment Number.2410448) for the post of Grade II constable (men, Women, Transgender) Grade II Jail Wardens (Men, Women) and Firemen(men) in the Tamil Nadu Uniformed Services Recruitment Board 2019.
For Petitioner :
Mr.R.Venkatesan For Respondents :
Mr.K.Chellapandian, Additional Advocate General Assisted by Mr.R.Sethuraman, Special Government Pleader
O R D E R
The petitioner has been disqualified for not achieving 5 metres in rope climbing during the course of recruitment for the post of Grade II constable (men, Women, Transgender) Grade II Jail Wardens (Men, Women) and Firemen(men) in the Tamil Nadu Uniformed Services Recruitment Board 2019.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.26142 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, the Writ Court cannot entertain such an allegation that the petitioner herein has completed the rope climbing over and above 5 metres. As such, it would not be appropriate to consider the prayer sought for. 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 CCTV 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 W.M.P.(MD) No.22607 of 2019 is closed.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) sts To
1) The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008
2) The Chairman, Sub-Committee, Madurai Centre & Deputy Inspector General of Police, Madurai Range, Madurai.
+1 CC to M/s.R.VENKATESAN, Advocate ( SR-104754[F] dated 12/12/2019 ) Order made in W.P.(MD) No.26142 of 2019 Dated:10.12.2019 KMV(CO) TR(13.12.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2