Madras High Court
S.Udhayaraj vs The State Of Tamilnadu Rep. By Its on 2 November, 2021
W.A.No.2743 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE ON WHICH RESERVED: 02.11.2021
DATE ON WHICH PRONOUNCED: 24.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.No.2743 of 2021
and
C.M.P.Nos.17998 and 18000 of 2021
S.Udhayaraj ... petitioner/Appellant
Vs.
1.The State of Tamilnadu Rep. By its
Principal Secretary,
Home Department, Secretariat,
Chennai – 600 009.
2.The Chairman/Sub-Committee,
Tamilnadu Uniformed Services Recruitment Board,
Pantheon Road, Egmore,
Chennai – 600 008.
3.The Member Secretary,
Tamilnadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai – 600 008. ...Respondents /Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters
Patent, to set aside the order, dated 09.08.2021 passed
in W.P.No.13873 of 2021, pass such other order as may be
deemed fit and proper in the circumstances of the case.
1/8
https://www.mhc.tn.gov.in/judis
W.A.No.2743 of 2021
For Appellant : Mr.K.Ravi Anantha Padmanaban
For Respondents : Mr.K.Tippusultan
Government Advocate
JUDGMENT
(Judgment of the Court was made by R.VIJAYAKUMAR,J.)
This Writ Appeal has been filed by the petitioner to
set aside the order, dated 09.08.2021 passed in Writ
Petition W.P.No.13873 of 2021.
2.The Writ Petitioner is the appellant herein. The
Writ Petitioner applied for the post of Sub Inspector of
Police in the notification called for by the second
respondent herein. The Writ Petitioner participated in the
written examination and thereafter attended the physical
efficiency test. One of the physical efficiency test is
that the petitioner should complete 400 meters run within
80 seconds to secure two marks and if he completes within
70 seconds, he will be allotted five marks. The petitioner
attended 400 meters run on 14.10.2020 and according to the
petitioner, he completed the said run on 69.34 seconds and
he should be awarded five marks. The case of the
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W.A.No.2743 of 2021
petitioner is that the authorities have mistakenly
recorded it as 70.34 seconds and hence, he was allotted
only two marks.
3.The Writ Petitioner gave a representation to the
respondent on 28.04.2021, seeking a copy of the video
recording of his 400 meters run. On 21.05.2021, he
received a reply stating that he has completed 400 meters
run only at 70.34 seconds. Hence, his request was
rejected.
4.The Writ Petitioner filed a Writ Petition in
W.P.No.13873 of 2021, challenging the said selection
process and to provide him another chance in 400 meters
run. The respondent herein filed a detailed counter
affidavit opposing the said Writ Petition on the ground
that they have properly recorded the time taken by the
Writ Petitioner to complete 400 meters run and the second
chance cannot be given to the Writ Petitioner. While the
Writ Petition was pending, the respondent was directed to
show the video recording to the Writ Petitioner.
Accordingly on 04.08.2021, the Writ Petitioner and his
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W.A.No.2743 of 2021
counsel have seen the video of 400 meters run. After
seeing the video recording, the Writ Petitioner submitted
a letter to the respondent that they were not able to
pause the video and he cannot see the side view of
approaching the end line. The learned single Judge
dismissed the Writ Petition on the ground that the video
has shown the ending time as 70.38 seconds. As against the
said order, the present Writ Appeal has been filed.
5.The learned counsel for the appellant contended
that the Writ Petitioner was not permitted to pause the
video from the beginning of the race. He further contended
that though the timing is shown as 70.38 seconds in the
digital clock, unless the side view of the video is shown,
it will not be possible to find out the actual timing
taken by the Writ Petitioner to complete 400 meters run.
6.Pending Writ Appeal, the video recording of the 400
meters run was shown to the petitioner from the side view
also. Admittedly the side view of the video clearly
indicates that the petitioner has completed 400 meters run
at 70.32 seconds and hence he has been rightly awarded two
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W.A.No.2743 of 2021
marks.
7.The learned counsel for the petitioner further
contended that he may be given another chance to prove his
physical efficiency.
8.The First Bench of this Court in order, dated
26.10.2021 in W.A.(MD)No.1706 of 2021 in The Director
General of Police and another Vs. P.Jeyasundar in
paragraph No.5 has held as follows:-
''As a matter of principle, it cannot
be accepted as a legal proposition that
merely because a person was unable to
perform upto his expectations on the date
that the physical ability test was
scheduled, such person has to be afforded
a subsequent opportunity to demonstrate
his physical ability or the extent of his
fitness''.
9.Hence, in view of the judgment of the Hon'ble First
Bench, We were not inclined to accept the prayer seeking
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W.A.No.2743 of 2021
for the second chance to run the 400 meters. Seen from any
angle, the order of the learned single judge does not
suffer from any illegality and we were not inclined to
interfere in the order of the learned single judge and the
Writ Appeal stands dismissed. No costs. Consequently,
connected miscellaneous petitions are closed.
(S.V.N.J.,) (R.V.J.,)
24.11.2021
Index :yes
Internet :yes
vsd
Note:In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that
the copy of the order that is presented is the
correct copy, shall be the responsibility of the
Advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis
W.A.No.2743 of 2021
S.VAIDYANATHAN,J.
AND
R.VIJAYAKUMAR,J.
W.A.No.2743 of 2021
and
C.M.P.Nos.17998 and 18000 of 2021
https://www.mhc.tn.gov.in/judis
W.A.No.2743 of 2021
24.11.2021
https://www.mhc.tn.gov.in/judis
