Madras High CourtWP(MD)/26957/2019dismissed

M.Sivaraj v. The Chairman

2019-12-18Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.26957 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26957 of 2019 and W.M.P.(MD)Nos.23307 & 23308 of 2019 M.Sivaraj ... Petitioner /vs./ 1.The Chairman, The Tamil Nadu Uniformed Service Recruitment Board, Pantheon Road, Egmore, Chennai.

2.The Member Secretary, The Tamil Nadu Uniformed Service Recruitment Board, Pantheon Road, Egmore, Chennai.

3.The Sub Committee, The Tamil Nadu Uniformed Service Recruitment Board, Ramanathapuram.

... Respondents PRAYER: 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 rejection order issued by the third respondent in his proceedings C.No.R2/850/2019 dated 22.11.2019 and quash the same and pass consequential direction to the respondents to conduct re-physical efficiency test to enable the petitioner to participate and to appoint the petitioner to the post of Police Constable -Gr-II/Jail Warden/Fireman within the time stipulated by this Court.

For Petitioner : Mr.Santhanam Rajeshkumar 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 rejection order passed by the 3rd respondents vide C.No.R2/850/2019 dated 22.11.2019.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.26957 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 secured 2.70 mtrs., in Long Jump 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 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 Petitions are closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To:

1.The Chairman, The Tamil Nadu Uniformed Service Recruitment Board, Pantheon Road, Egmore, Chennai.

2.The Member Secretary, The Tamil Nadu Uniformed Service Recruitment Board, Pantheon Road, Egmore, Chennai.

3.The Sub Committee, The Tamil Nadu Uniformed Service Recruitment Board, Ramanathapuram.

+1 CC to M/s.Special Govt.Pleader ( SR-105910[F] dated 19/12/2019 ) +1 CC to M/s.B.SANTHANA RAJESH KUMAR, Advocate ( SR-106179[F] 20/12/2019 ) W.P.(MD)No.26957 of 2019 18.12.2019 mm SDS(08.01.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2