K.Jansirani v. The Member Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD)No.23051 to 23053 and 22625 of 2019 K.Jansirani ... Petitioner in W.P.(MD)No.26723 of 2019 M.Ayyambose ... Petitioner in W.P.(MD)No.26177 of 2019 /vs./ 1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 008.
2.The Chairman / Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai - 8.
3.The Commissioner of Police, Madurai City, Madurai.
4.The Superintendent of Police, Dindigul District. ... Respondents in W.P.(MD)No.26723 of 2019 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, Tamil Nadu Uniformed Services Recruitment Board, Ramanathapuram Centre, Ramanathapuram.
... Respondents in W.P.(MD)No.26177 of 2019 PRAYER in W.P.(MD)No.26723 of 2019: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the 2nd respondent in C.No.D2/5297/2019 dated 1/4
11.12.2019 and quash the same and further directing the respondent to permit the petitioner to participate in the physical endurance Test and other recruitment process in the common recruitment to the post of Grade II Police Constable, Grade II Jail Warder, Fireman - 2019.
PRAYER in W.P.(MD)No.26177 of 2019: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 07.11.2019 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 physical measurement test for the petitioner (Enrolment Number.2900903) 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.Maheswaran For Respondents: Mr.K.Chellapandian Additional Advocate General assisted by Mr.R.Sethuraman Special Government Pleader (in W.P.(MD)No.26723 of 2019) For Petitioner : Mr.R.Venkatesan For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.R.Sethuraman Special Government Pleader (in W.P.(MD)No.26177 of 2019) 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 re2/4
measurement, the petitioners were not still satisfied with the remeasurement and therefore, this Court by order dated 16.12.2019, permitted the petitioners to view a video recording of the remeasurement 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 remeasurement was viewed. Pursuant to the same, the Registrar (Judicial) has submitted a report dated 17.12.2019, detailing as follows:
S.No .
Case Nos.
Name of the petitioners Measurement W.P.(MD)No.26132/2019 M.GOPALAKRISHNAN 169.4 W.P.(MD)No.26156/2019 VIJAYARANI 157.5 W.P.(MD)No.26158/2019 SRI CHANDRA MALA 157.1 W.P.(MD)No.26177/2019 M.AYYAMBOSE 169.7 W.P.(MD)No.26174/2019 A.ANAND 169.3 W.P.(MD)No.24279/2019 S.MUKILARASAN 169.1 W.P.(MD)No.26723/2019 K.JANSIRANI 156.7 W.P.(MD)No.26295/2019 P.MASANAMUTHU 169.4(Manual Measurement) 169.0 (Digital Measurement) 169.5 (As per measurement taken in the presence of Commissioner 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, whereby it is seen that the height measurements of Ms.Jansirani is between 156.7 and 156.8 c.m., and the height measurement of Mr.M.Ayyambose is between 169.7 c.m., and 169.8 c.m. In my view, the fraction which is over and above 156.7 c.m., is closer to 156.8 c.m., and 169.7 c.m., is closer to 169.8 c.m., and therefore, both the petitioners heights could be ascertained at 156.8 c.m., and 169.8 c.m., respectively.
3. While that being so, by applying the guidelines in G.O.(Ms) No.842, Home (Police.VI) Department, dated 19.11.2014, the fraction of 0.2 c.m., could be extended to the petitioners and thereby the petitioner, Ms.Jansirani's height is determined at 157 c.m., which 3/4
is the minimum required height for a woman candidate belonging to Scheduled Caste Community and the height of the petitioner, Mr.M.Ayyambose is determined at 170 c.m., which is minimum required height for a male candidate. Accordingly, both the petitioners are deemed to have passed the height measurement test. Consequently, the respondents are directed to subject both the petitioners to further stages of the selection process, in accordance with the procedure laid down in the recruitment notification. These Writ Petitions are ordered accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To:
1.The Member Secretary / 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, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai - 8.
3.The Commissioner of Police, Madurai City, Madurai.
4.The Superintendent of Police, Dindigul District.
+1 CC to M/s.R.MAHESWARAN, Advocate ( SR-237[F] 03/01/2020 ) Order made in 03.01.2020 sm SDS/03.01.2020/4P-6C 4/4