Madras High Court
Gokul Khanna vs The Director General Of Police on 2 March, 2021
W.P.No.6656 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.6656 of 2019
Gokul Khanna, P.U. ... Petitioner
Vs.
1. The Director General of Police,
Tamil Nadu,
Mylapore,
Chennai 600 004.
2. The Deputy Inspector General of Police,
Technical Services,
Mylapore,
Chennai 600 004.
3. The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Chennai 600 008. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Certiorarified Mandamus, to call for the records
relating to the order of the 2nd Respondent made in Rc.No.A3/12200/2018,
dated 22.02.2019, to quash the same and to consequently direct the
Respondents to appoint the Petitioner to the post of Sub-Inspector of Police
(Technical) – 2018 pursuant to Advertisement No.1/2018, dated 11.07.2018
on the basis of the Provisional Selection and to extend all benefits thereto.
1/6
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W.P.No.6656 of 2019
For Petitioners : Mr.L.Chandrakumar
For Respondents 1 & 2 : Mr.J.Pothiraj,
Special Government Pleader
For 3rd Respondent : Mr.V.Kadhirvelu,
Special Government Pleader
ORDER
Petitioner has come up with this Writ Petition seeking to quash the
order dated 22.02.2019 passed by the 2nd Respondent made in
Rc.No.A3/12200/2018, and for a consequential direction to the Respondents
to appoint him to the post of Sub-Inspector of Police (Technical) – 2018
pursuant to Advertisement No.1/2018, dated 11.07.2018 on the basis of the
provisional selection and to extend all benefits thereto.
2. According to the Petitioner, pursuant to Advertisement
No.1/2018, dated 11.07.2018, he had subjected himself to selection to the
post of Sub-Inspector of Police (Technical), which is based on written
examination followed by physical measurement test, Certificate verification
and Viva voce, thereto. Though the Petitioner was meritorious throughout the
selection process, after being subjected to medical examination, he was issued
with the impugned order dated 22.02.2019 stating that, he is disqualified in
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W.P.No.6656 of 2019
the category of physical fitness in eye vision, as he was wearing glasses and
subsequently, his name was deleted from the provisional list of Sub Inspector
of Police (Technical) 2018. Challenging the same, the Petitioner has come up
with the present Writ Petition.
3. Learned counsel for the Petitioner drew the attention of this
Court to the judgment dated 15.02.2021 rendered by the Madurai Bench of
this Court in W.A.(MD) Nos.941 to 953 of 2020, wherein, in a similar
circumstance, it was observed that, it is the insufficient/inadequate eyesight
that makes a person to wear a glass. Once such glass is worn, then, that
deficiency goes. Therefore, such person become eligible on par with the other
person, who performs without glasses. For better appreciation, relevant
portion of the said judgment is extracted hereunder:
“9. At this juncture, the learned Senior Counsel
appearing for the Respondents submitted that, a direction
may be issued to give appointment orders, as the
Respondents are awaiting for quite sometime despite
having become qualified with their names in the
provisional list.
10. We are inclined to agree with the said
submission made. Accordingly, the appellants are directed
to give appointment orders to the Respondents within a
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W.P.No.6656 of 2019
period of six weeks from the date of receipt of a copy of
this judgment.”
4. Learned Special Government Pleader appearing for the 2nd
Respondent submitted that, if there is no proper eye-sight, candidature of the
Petitioner has to be rejected. However, he fairly stated that, there is an
observation of the Madurai Bench of this Court as pointed out by the learned
counsel for the Petitioner.
5. Heard the learned counsel on either side and perused the material
documents available on record.
6. In the light of the judgment dated 15.02.2021 passed by this
Court in W.A.(MD) Nos.941 to 953 of 2020, this Court directs the 2 nd
Respondent herein to consider the case of the Petitioner for appointment to
the post of Sub-Inspector of Police (Technical) – 2018, if he is otherwise
eligible, and pass appropriate orders and in accordance with law, and if there
are no other legal impediments, within a period of six weeks from the date of
receipt of a copy of this order.
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W.P.No.6656 of 2019
With the above direction, this Writ petition is disposed of. No costs.
Consequently, connected W.M.P.Nos.7479 and 7480 of 2019 are closed.
02.03.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
To:
1. The Director General of Police,
Tamil Nadu,
Mylapore,
Chennai 600 004.
2. The Deputy Inspector General of Police,
Technical Services,
Mylapore,
Chennai 600 004.
3. The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Chennai 600 008.
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W.P.No.6656 of 2019
S.VAIDYANATHAN,J.
(aeb)
W.P.No.6656 of 2019
02.03.2021
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