Madras High Court
G.Dhanalakshmi vs The Chairman on 4 October, 2021
W.P.(MD) No.15815 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.15815 of 2021
and
W.M.P.(MD) Nos.12737 & 12740 of 2021
G.Dhanalakshmi ... Petitioner
-vs-
1The Chairman
Tamil Nadu Uniformed Services
Recruitment Board
No.807, 2nd Floor
Anna Salai, Chennai-600 002
2.The Member Secretary
Tamil Nadu Uniformed Services
Recruitment Board
Egmore, Chennai-8
3.The Chairman / Member
Recruitment Sub Committee
Ramanathapuram Centre
Tamil Nadu Uniformed Services
Recruitment Board
Ramanathapuram
4.The Superintendent of Police
Ramanathapuram District
Ramanathapuram ... Respondents
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W.P.(MD) No.15815 of 2021
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus to call for the entire records in relating to
the impugned disqualification slip dated 11.08.2021 issued by the third
respondent and to quash the same as unsustainable and consequently to
direct the respondents to reconduct 200 meters running event to the
petitioner by giving another chance and based its result, to permit the
petitioner to participate in the next level of selection process in common
recruitment for the posts of Grade-II Police Constables / Grade-II Jail Warders
/ Firemen-2020 so as to enable the petitioner to get appointment in the above
recruitment.
For Petitioner : Mr.M.S.Jeyakarthik
For Respondents : Mr.Veera.Kathiravan
Additional Advocate General
assisted by Mr.A.K.Manikkam
Government Counsel
ORDER
The prayer in this writ petition is for issuance of a writ of
certiorarified mandamus to quash the disqualification slip, dated 11.08.2021,
issued by the third respondent and to direct the respondents to reconduct 200
Meter running event to the petitioner by giving another chance and based on
its result, to permit her to participate in the next level of selection process.
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W.P.(MD) No.15815 of 2021
2. According to the petitioner, the respondent Tamil Nadu
Uniformed Services Recruitment Board (TNUSRB) issued Notification No.
1/2020, dated 17.09.2020, inviting applications through online mode from
26.09.2020 for the common recruitment to the posts of Grade-II Constable,
Grade-II Jail Warder and Fireman. The petitioner applied for the said
recruitment and she was assigned with Enrollment No.8300487. The
petitioner participated in the written examination and successfully passed in
the written examination as well as in the physical measurement test.
However, in the Physical Efficiency Test, the petitioner was issued with the
impugned order disqualifying her on the ground that she took 43.75 seconds
to complete the task of 200 Meter running. Challenging the same, the
petitioner has filed the present writ petition.
3. Further, according to the petitioner, while she was undergoing
the running event, she fell down and therefore, she could not complete the
task within the stipulated time and due to which, the impugned
disqualification slip came to be issued. Therefore, the petitioner prays that if
one more opportunity is provided, she would certainly complete the task
within the stipulated time.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.15815 of 2021
4. The second respondent has filed a counter affidavit stating that
the candidates, who were qualified in the written test, were allowed to
participate in the Physical Measurement Test / Endurance / Physical
Efficiency Test / Certificate Verification. It is further stated in the counter
affidavit that TNUSRB conducted Physical Measurement Test / Endurance
Test / Physical Efficiency Test at 20 Centres from 26.07.2021 onwards and a
Sub Committee comprising of the following officials was constituted at each
Centre in order to ensure that the recruitment process is conducted in a fair
and unbiased manner:
Chairperson SP/DC/Commandant
Jail Superintendent /
Superintendent / Jailor
District Fire Officer /
(Fire Department)
5. With regard to the norms for the Physical Efficiency Test for
open candidates, it is stated in the counter affidavit as follows:
“(I) PHYSICAL EFFICIENCY TEST : Total marks for PET is 15.
The details of Physical Efficiency Test are as follows:
(II) Women and Transgender candidates:
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https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.15815 of 2021
One Star Two Stars
Sl.No. Events
(2 Marks) (5 Marks)
1. Long jump 3.0 metres 3.75 metres
2. Shortput 4.25 metres 4.25 metres 5.50 metres
(or)
Cricket ball 17 metres 17 metres 24 metres
throw
3. 100 mts run 100 mts run 17.50 seconds 15.50 seconds
(or)
200 mts run 200 mts run 38.00 seconds 33.00 seconds
i. Women / Transgender will be given 3 chances for long jump, Shot-
Put throw / Cricket ball throw event. The highest score attained in
the given three chances will be considered for qualification.
ii. Only one chance will be given to the candidates in 100 metres / 200
metres run.”
6. It is further stated in the counter affidavit that the petitioner
appeared for the Physical Efficiency Test in Ramanathapuram Centre on
11.08.2021 and took 43.00 seconds to complete the task of 200 meter running
event. As per Para 17(II) of the Information Brochure, the candidates, who opt
200 metres running event has to finish the event within 33.00 seconds for
obtaining 2 stars and 38.00 seconds for obtaining 1 star. Further, it is clearly
stated that only one chance will be given in the running event. Therefore,
there is no illegality or irregularity in the decision taken by the respondent
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W.P.(MD) No.15815 of 2021
Board as alleged by the petitioner and hence, prayed for dismissal of the writ
petition.
7. The primary ground on which the petitioner seeks for retest is
that while she was undergoing the running event, she fell down and therefore,
she could not complete the task in time. Admittedly, the petitioner has not
completed the task within the stipulated time. However, there is no
instruction / information in the brochure to show that the petitioner is
entitled for retest.
8. The Honourable Division Bench of this Court, by order dated
09.09.2015 in W.P.No.26086 of 2015, dismissed the similar relief sought for
by holding as follows:
“The petitioner has unfortunately failed to make
the cut off in 100 metre run in the Physical Efficiency
Test having clocked 18.72 seconds as against the
bench mark of 17.50 seconds.
2. It is, thus, not possible to give any relief to the
petitioner.”
9. This Court, by order dated 04.09.2017 in W.P.No.23785 of
2017 has dismissed the similar writ petition holding that:
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W.P.(MD) No.15815 of 2021
3. The learned Additional Advocate General
Mr.K.Venkataramani appeared in this matter informed
this Court that the Video Clippings are available in
respect of the event of 100 meters running in which the
writ petitioner had participated. The learned counsel
appearing for the writ petitioner Mr.Selvaraj was
permitted to view the video clippings and accordingly,
the learned counsel viewed the same. Thus, this Court
is of the opinion that there is no irregularity or illegality
in the process of selection as alleged in the writ petition.
Further, with regard to the merit assessment, it is for the
competent authorities of the Selection Committee to
arrive at a conclusion and the judicial review in this
regard are limited. The relative merits are always
subject to the satisfaction and the yardsticks and the
Rules prescribed for completion of the events. Thus, the
other grounds raised in this writ petition cannot be
considered, in view of the fact that the writ petitioner
was not qualified in the event of 100 meters running
and there is no infirmity in the order of rejection as
such.
4. Accordingly, the writ petition stands dismissed.
However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is also
closed.
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W.P.(MD) No.15815 of 2021
10. That apart, by Judgment dated 21.01.2020 in W.A.(MD) No.29
of 2020, the Honourable Division Bench has held as follows:
“5.However, the issue involved in the
present Writ Petition is a question of fact which
cannot be decided in a Writ Petition under Article
226 of the Constitution of India and it is not for
the Writ Court to go into the factual disputes as to
whether the appellant / writ petitioner had
completed 200 meters running in 38 seconds or in
40 seconds. That apart, the second respondent
was also not inimical towards the appellant / writ
petitioner. In such view of the matter, the learned
Single Judge has rightly dismissed the Writ
Petition.
6.We do not find any ground to interfere
with the order passed by the learned Single
Judge. Accordingly, the Writ Appeal is devoid of
merits and the same is dismissed. No costs.
Consequently, connected Miscellaneous Petition is
closed.”
11. Therefore, in such view of the matter, the contentions of the
petitioner are unsustainable and the impugned order passed by the third
respondent does not warrant any interference of this Court.
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W.P.(MD) No.15815 of 2021
12. In the result, the writ petition fails and it is dismissed. No
costs. Consequently, connected miscellaneous petitions are closed.
04.10.2021
Index : Yes / No
Internet : Yes / No
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.
krk
To:
1The Chairman,
Tamil Nadu Uniformed Services
Recruitment Board,
No.807, 2nd Floor, Anna Salai,
Chennai-600 002.
2.The Member Secretary,
Tamil Nadu Uniformed Services
Recruitment Board,Egmore, Chennai-8.
3.The Chairman / Member,
Recruitment Sub Committee,
Ramanathapuram Centre,
Tamil Nadu Uniformed Services
Recruitment Board, Ramanathapuram.
4.The Superintendent of Police,
Ramanathapuram District,
Ramanathapuram.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.15815 of 2021
D.KRISHNAKUMAR, J.
krk
W.P.(MD) No.15815 of 2021
and
W.M.P.(MD) Nos.12737 & 12740 of
04.10.2021
_______________
https://www.mhc.tn.gov.in/judis/
