J.Neethiarasu v. The Tamil Nadu Uniformed Services Recruitment Board
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD) Nos.22620 & 22621 of 2019 J.Neethiarasu ... Petitioner vs.
1. The Tamil Nadu Uniformed Services Recruitment Board, Rep. by its Chairman, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008
2. The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008
3. The Chairman, Police Selection Sub Committee, Deputy Inspector General of Police, Madurai Centre, 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 of the Impugned Disqualifications slip in C.No.R2/850/2019, dated 06.11.2019 passed by the 3rd respondent and quash the same as illegal and consequently direct the 3rd respondent to reconduct the Chest Measurement Test and proceed further in accordance with law in the matter of selection and appointment. For Petitioner : Mr.A.Balaji For Respondents : Mr.K.Chellapandian, Additional Advocate General Assisted by Mr.R.Sethuraman, Special Government Pleader
O R D E R
The petitioner claims that his chest measurement in normal condition is 81 centimeters, expandable by 5 more centimeters and 1/3
that the respondents have wrongly measured the chest as 80 and 83 centimeters respectively.
2. The Division Bench of this Court in its decision made in N.Muthukauppan vs. Tamil Nadu Uniformed Services Recruitment Board passed in W.A.(MD) No.936 of 2015 dated 07.09.2015 has held that, Physical Efficiency Test cannot be ordered for re-measurement and that this Court is not the forum for passing orders to conduct retest, unless specific rule or provision or procedure has been violated. It was also held that if such a liberty is granted, every person who has not passed in the Physical Efficiency Test will start approaching this Court.
3. In the present case, the petitioner is similarly placed to that of the candidate before the Division Bench. Following the decision rendered by the Hon'ble Division Bench, I am not inclined to extend the liberty as a whole for the petitioner. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (records) // True Copy // / /2020 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 Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008
3. The Chairman, Police Selection Sub Committee, Deputy Inspector General of Police, Madurai Centre, Madurai Range, Madurai.
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+1 CC to Mr.A.BALAJI, Advocate ( SR-104288[F] dated 10/12/2019 ) Order made in Dated:10.12.2019 MK (23.01.2020) 3P 5C 3/3