Madras High Court
Thirumurugan vs The Tamil Nadu Uniform Service ... on 26 April, 2021
W.P.(MD)No.7136 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.(MD)No.7136 of 2021
and
W.M.P(MD)Nos.5452, 5453 & 5479 of 2021
Thirumurugan ... Petitioner
Vs.
The Tamil Nadu Uniform Service Recruitment Board,
Represented by its Chairman,
Old Commissioner of Police Office,
Pantheon Road, Egmore,
Chennai-600 008. ... Respondent
PRAYER: Writ Petition under Article 226 of the Constitution of
India, to issue a Writ of Mandamus to direct the respondent to
reconduct the (PET) Physical Efficiency Test for the petitioner, as
per his representation, dated 18.03.2021.
For Petitioner : Mr.Lakshmi Narayanan
for Mr.P.Pethu Rajesh
For Respondent : Mr.K.Chellapandian
Additional Advocate General
Assisted by
Mr.C.Ramesh
Special Government Pleader
1/12
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W.P.(MD)No.7136 of 2021
ORDER
This writ petition is filed seeking a writ of Mandamus to
direct the respondent to re-conduct the (PET) Physical Efficiency
Test for the petitioner, as per his representation, dated 18.03.2021.
2. According to the petitioner, he is a B.E., graduate as well
as sports person and has participated in Kabbadi, long distance
running etc. The respondent called for applications for recruitment
of Sub-Inspector of Police in the year 2019 for Taluk Armed
Reserve and Tamil Nadu Special Police Cadre. The petitioner
applied for the said post and participated in the written
examination held on 12.01.2020 and secured 52 marks out of 70.
The respondent directed the petitioner to appear for physical
measurement and physical endurance test at Rajarathinam
Stadium, Chennai, on 01.10.2020. The petitioner was successful in
both the tests. The respondent fixed the date of Physical Efficiency
Test on 14.10.2020. The petitioner while training at his native
place, sufferred injury on his right leg on 12.10.2020 and he was
examined by the Doctor P.Palanivel Rajan, M.S.(Ortho), specialist in
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W.P.(MD)No.7136 of 2021
Arthroscopic Surgery and Sports Medicine. He found that the
petitioner sufferred injury on his right leg-Gastrocnemious Muscle
and Peroneus Longus and advised him to take bed rest for four
weeks. The petitioner did not want to miss out the chance in
participating the test and participated the test conducted on
14.10.2020. The petitioner was successful in 6 meter rope
climbing test and due to the injury he sufferred on 12.10.2020, his
right leg was not able to withstand the strain of the long jump and
therefore, in all the three chances, he was foul play. The petitioner
explained the situation to the person in-charge, the same was not
considered and the impugned disqualification slip was issued on
the same day, by the proceedings in C.No.R2/860/2019.
3. The learned counsel for the petitioner submitted that the
respondent should have seen that despite the injury, he was
successful in the rope climbing and he could not clear the long
jump. The petitioner is an Engineering Graduate, who had secured
75% in the written examination. For the very same recruitment,
the respondent had already considered the very same request
favourably and relied on the order of this Court, dated
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W.P.(MD)No.7136 of 2021
27.09.2018 made in W.P(MD)No.20316 of 2018
(A.Arunpandian vs. the Member Secretary TNUSRB and
others) and the relevant portion of the order is extracted
hereunder:-
“6. It is true that if the scheduled date is
altered, it may pave way to other candidates to
unsettle the settled candidates and bring the entire
process of recruitment to a standstill. But, in the
present case on hand, as could be seen from the
documents produced, the fault is not on the part of
the petitioner, but the destiny played a crucial role
in preventing the petitioner from appearing for the
test. Since the recruitment is scheduled for
selection to various posts in the uniformed services,
it is open to the respondents to ascertain the
genuineness of the accident, in which, the
petitioner was stated to be injured.
7.Be that as it may, there are evidences to
show that the petitioner had met with an accident
and got admitted in the hospital and as the
selection process is not complete as on date, there
is no hurdle on the part of the respondents in
giving one more opportunity to the petitioner to
participate in the physical efficiency test that may
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W.P.(MD)No.7136 of 2021
be scheduled on anyone of the dates convenient to
the respondents before 22.10.2018.”
4. He relied on another order of this Court, dated
20.01.2021, made in W.P(MD)No.14177 of 2020 (G.Vinoth vs.
The Chairman, Sub Committee, TNUSRB) and the relevant
paragraphs are extracted hereunder:
“12. In consequence to the ratio laid down by the
Hon'ble Full Bench, a Division Bench of this Court in the
same case of A.Parthiban (cited supra) had also
interfered in the height measurement test already
conducted by the Board and directed the Board to conduct
remeasurement of the height of the candidate. The relevant
portion of the order of the Hon'ble Division Bench reads as
follows:
“4. In view of what has been discussed by the
Full Bench in the judgment dated 29.01.2020 relying
on the facts stated in the status report filed by the State
therein, and in the light of the findings arrived at, all
these appeals deserve to be allowed and disposed of
with a direction to the first respondent to re-measure
the heights of the appellants.
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W.P.(MD)No.7136 of 2021
5. We, accordingly, allow these appeals to the
extent as indicated in the Full Bench judgment dated
29.01.2020 and direct the first respondent, Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
Chennai 600 008, to carry out the physical
examination tests of all the appellants, as indicated in
the Full Bench judgment dated 29.01.2020, within a
period of fifteen days from today and accordingly
proceed with the selections. In the event, the
appellants clear the said physical examination tests,
they shall be treated as eligible for further
consideration. The measurement shall be carried out
by the Digitized Electronic Device, the reference
whereof has been made in the Full Bench judgment
dated 29.01.2020. No costs. Consequently, all the
connected miscellaneous petitions are closed.”
13. Accordingly, the impugned disqualification slip
dated 01.10.2020 is quashed. Consequently, the
respondent is called upon to conduct a fresh height
measurement test on the petitioner by taking into account
the observations made in this order and take further course
in the selection process, subject to the outcome of the test
results. The respondent shall endeavour to conduct the
height measurement test atleast within a week from the
date of receipt of a copy of this order.”
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W.P.(MD)No.7136 of 2021
5. The learned Additional Advocate General appearing for the
respondent submitted that already selection process is over and
there is no vacancy. The petitioner was given three chances and all
the three chances resulted foul. The petitioner has given
representation only after five months of participation of the
Physical Efficiency Test. The petitioner is not entitled for the relief
sought for in this writ petition. The respondent published the
provisional selection list on 15.04.2021 for Sub Inspector of Police
for the year 2019. If the case of the petitioner is accepted, there is
a possibility of other candidates to file writ petitions seeking similar
relief and it will stall the entire selection process and prayed for
dismissal of the writ petition.
6. From the above rival submissions, it is seen that the
petitioner was successful in the written examination held on
12.01.2020, physical measurement and physical endurance test in
the selection process conducted by the respondent for appointment
of Sub Inspector of Police. The petitioner was called upon to
appear for Physical Efficiency Test on 14.10.2020. The petitioner
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W.P.(MD)No.7136 of 2021
attended the test on that day. He was successful in the rope
climbing. But, he failed in long jump test. He was given three
chances and in all the three chances, he was found foul play.
Hence, the petitioner was issued with impugned disqualification
slip on 14.10.2020. The petitioner after six months of failure in the
Physical Efficiency Test and after issuance of disqualification slip,
gave representation to the respondent to reconduct the Physical
Efficiency Test and has sought for another chance to participate in
the Physical Efficiency Test. The petitioner has sought for another
chance on the ground that he sufferred injury on the right leg two
days prior to the date of the test conducted by the respondent. The
petitioner approached the respondent by giving representation
after six months of the impugned disqualification slip. The
petitioner without disclosing his alleged injuries or producing the
medical certificate relied on now before this Court, participated in
the Physical Efficiency Test without any protest. He was successful
in 6 meter rope climbing, but he was foul in three chances for high
jump. If really, the petitioner could not perform his test due to the
injuries, he ought to have informed the authorities by showing the
medical certificates produced now before this Court and sought for
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W.P.(MD)No.7136 of 2021
postponement of Physical Efficiency Test. In the order relied on by
the learned counsel for the petitioner, dated 27.09.2018 made in
W.P(MD)No.20316 of 2018 (A.Arunpandian vs. the Member
Secretary TNUSRB and others), the petitioner therein while
standing in the queue for attending the physical endurance test in
front of second respondent's office therein, he was hit by unknown
car and he was admitted in Virudhunagar Government Hospital,
wherein it was diagnosed that his left collar bone was broken and
after intensive treatment in a private hospital, subsequently, he was
discharged from the hospital in the afternoon of 08.09.2018, which
made him impossible to attend the 2nd stage of physical
examination.
7.In view of the same, the petitioner therein could not
participate in the physical endurance test and sought for another
opportunity to participate in the test. In the said case, the learned
Additional Advocate General submitted that selection process was
not completed. In such circumstances, this Court directed the
respondent to conduct the physical endurance test to the petitioner
therein on or before 22.10.2018.
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W.P.(MD)No.7136 of 2021
8. In the present case, the petitioner participated in the
selection process without disclosing that he was injured and by
producing the medical certificate that he was advised by the doctor
to take bed rest for four weeks. In view of this fact, the order
dated 27.09.2018, relied on by the learned counsel for the
petitioner, does not advance the case of the petitioner. As far as
the order, dated 20.01.2021, made in W.P(MD)No.14177 of
2020 (G.Vinoth vs. The Chairman, Sub Committee, TNUSRB)
relied on by the learned counsel for the petitioner, is concerned, it
relates to measurement of height. The issue in the said writ
petition has nothing to do with the present writ petition and not
applicable to the facts of the present case.
9. In view of the above, the petitioner has not made out any
case to quash the impugned disqualification slip. Accordingly, the
writ petition stands dismissed. No costs. Consequently, connected
miscellaneous petitions are closed.
Index:Yes/No 26.04.2021
Internet:Yes/No
am
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W.P.(MD)No.7136 of 2021
To
The Tamil Nadu Uniform Service Recruitment Board,
Represented by its Chairman,
Old Commissioner of Police Office,
Pantheon Road, Egmore,
Chennai-600 008.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7136 of 2021
V.M.VELUMANI,J.,
am
W.P.(MD)No.7136 of 2021
26.04.2021
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