M.Gopalakrishnan v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P(MD)Nos.26132, 24279, 26156, 26158, 26174 and 26295 of 2019 and W.M.P(MD).Nos.22593, 20887, 22610, 22612, 22614, 22611, 22613, 22615, 22624, 22700 and 22701 of 2019 M.Gopalakrishnan 1.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, 807, 2nd Floor, Anna Salai, Chennai 600 002.
2.The Superintendent of Police, Tirunelveli, Tirunelveli District.
3.The Chairman, Sub Committee, Tamil Nadu Uniformed Service Recruitment Board, Tirunelveli Centre, Tirunelveli District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Certiorarified Mandamus, to call for the records relating to the impugned disqualification slip issued by the third respondent in C.No.R2/850/2019 dated 07.11.2019 and quash the same and consequently direct the respondents to permit the petitioner to participate in the further selection process conducted by the respondents in the Combined Recruitment of Grade II Police Constable (Men, Women & Transgender) , Grade II Jail Warder (Men & Women) and Fireman for the year 2019.
For Petitioner: Mr.R.J.Karthick For Respondent:Mr.K.Chellapandian AAG Assted by Mr.R.Sethuraman Spl.G.P 1/7
W.P(MD).No.24279 of 2019 S.Mukilarasan 1.The Chairman, 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 is filed under Article 226 of the Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 08.11.2019 in C.No.R2/850/2019 passed by the second respondent and quash the same as illegal and consequently direct the respondents to conduct a fresh physical measurement test for the petitioner (Enrolment Number.2414947) for the post of Grade II Constable, Grade II Jail Warders and Firemen in the Tamil Nadu Uniformed Services Recruitment Board 2019. For Petitioner : Mr.R.Venkatesan W.P(MD).Nos.26156 and 26158 of 2019 Vijayarani ... Petitioner in W.P(MD).No.26156 of 2019 Sri Chandra Mala ... petitioner in W.P(MD).No.26158 of 2019 1.The Director General of Police, Dr.Radhakrishnan Salai, Chennai-4.
2.The Chairman, The Tamil Nadu Uniformed Services Recruitment Board, No.807, Sengalvarayan Naicker Building, Anna Salai, Chennai 600 002.
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3.The Deputy Inspector General of Police, (Recruitment Sub-Committee, Virudhunagar Centre) Virudhunagar Range, Virudhunagar. Respondents in both WP's COMMON PRAYER: Writ Petitions are filed under Article 226 of the Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent C.No.R2/850/2019 dated 08.11.2019 with respect to the petitioner Enrolment No.
7500017 and 7500336 respectively and quash the same and consequently direct the second and third respondents to conduct fresh physical measurement test (height) to the petitioner and also direct the second and third respondents to conduct the other test and further direct the respondents to permit the petitioner to participate in the subsequent stage of the selection for the post of Grade II Police Constables (Men, Women & Third Gender), Gr.II Jail Warders (Men & Women) and Firemen for the year 2019. For Petitioners : Mr.M.Jegadeesh Pandian W.P(MD).No.26174 of 2019 A.Anand 1.Tamil Nadu Uniformed Services Recruitment Board, rep., by it's Chairman, Pantheon Road, Egmore, Chennai 600 008.
2.The Member Secretary, Pantheon Road, Egmore, Chennai 600 008.
3.The Chairman Sub Committee/Member Ramnad Centre & Inspector General of Police, Crimes Chennai, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai 600 008.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Certiorarified Mandamus, to call for the records pertaining to the 3/7
impugned order dated 07.11.2019 in C.No.R2/850/2019 passed by the third respondent and quash the same and consequently direct the respondents to permit the petitioner to participate in the remaining physical measurement test, physical endurance test and physical efficiency test relating to the common recruitment for the post of Grade II Police Constable, Jail Warden, Fire men 2019. For Petitioner : Mr.R.Krishnan W.P(MD).No.26295 of 2019 P.Masanamuthu 1.Tamil Nadu Uniformed Services Recruitment Board, rep., by it's Chairman, Pantheon Road, Egmore, Chennai 600 008.
2.The Member Secretary, Pantheon Road, Egmore, Chennai 600 008.
3.The Chairman Sub Committee/Member Ramnad Centre & Inspector General of Police, Crimes Chennai, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai 600 008.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Certiorarified Mandamus, to call for the records pertaining to the impugned order in C.No.R2/850/2019 dated 06.11.2019 on the file of the third respondent and quash the same as illegal and consequently for a direction, direct the respondents to permit the petitioner to participate in the remaining physical endurance test and physical efficiency test relating to the common recruitment for the post of Grade II Police Constable, Jail Warden, Fire men 2019.
For Petitioner : Mr.T.Lajapathi Roy 4/7
COMMON ORDER The petitioners herein are aggrieved against the measurement of height conducted by the respondents in the recruitment for the posts of Grade-II Constable. Pending writ petitions, this Court had permitted the petitioners herein to participate in a re-measurement test, which came to be conducted on 11.12.2019. Pursuant to the re-measurement, the petitioners were not still satisfied with the re-measurement and therefore, this Court by order dated 16.12.2019, permitted the petitioners to view a video recording of the re-measurement conducted on 11.12.2019 in the presence of the Registrar (Judicial) of this Court. Accordingly, the learned counsel for the petitioners were present before the Registrar (Judicial) and the re-measurement was viewed. Pursuant to the same, the Registrar (Judicial) has submitted a report dated 17.12.2019, in which, the petitioners' measurements were recorded as follows:
S.No.
Case No.
Name of the petitioners Measure -ment W.P.(MD) No.26132/2019 M.GOPALAKRISHNAN 169.4 W.P.(MD).
No.24279/2019 S.MUKILARASAN 169.1 W.P.(MD) No.26156/2019 VIJAYARANI 157.5 W.P.(MD) No.26158/2019 SRI CHANDRA MALA 157.1 W.P.(MD) No.26174/2019 A.ANAND 169.3 5/7
W.P.(MD) No.26295/2019 P.MASANAMUTHU 169.4 (Manual Measurement) 169.0 (Digital Measurement) 169.5 (As per measure -ment taken in the presence of Commissio ner of Police.) 2.In view of the objections raised by the learned counsel for the petitioners with regard to the re-measurement viewed through video recording before the Registrar (Judicial), I personally reviewed the video recording today and I did not find any infirmity in the re-measurement conducted for determining the height of the petitioners herein. Hence, no interference is required to the impugned disqualification slip given by the respondents herein. Accordingly, these writ petitions stand dismissed. It is made clear that the respondents are at liberty to proceed with the selection process insofar as the qualified candidates are concerned. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) rmk 6/7
To 1.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, 807, 2nd Floor, Anna Salai, Chennai 600 002.
2.The Superintendent of Police, Tirunelveli, Tirunelveli District.
3.The Chairman, Sub Committee, Tamil Nadu Uniformed Service Recruitment Board, Tirunelveli Centre, Tirunelveli District/and Madurai centre. 4.The Director General of Police, Dr.Radhakrishnan Salai, Chennai-4.
5.The Deputy Inspector General of Police, (Recruitment Sub-Committee, Virudhunagar Centre) Virudhunagar Range, Virudhunagar.
6.The Member Secretary, Pantheon Road, Egmore, Chennai 600 008.
+1 CC to Mr.R.J.KARTHICK, Advocate ( SR-104113[F] dated 10/12/2019 ) +1 cc to Mr.T.Lajapathi Roy , Advocate SR.No.482 W.P(MD)Nos.26132, 24279, 26156, 26158, 26174 and 26295 of 2019 03.01.2020 KM/(30.01.2020) 7P 9C 7/7