Madras High Court
Bakkiya Deepa vs The Chairman on 4 October, 2021
W.P.(MD) No.14840 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.14840 of 2021
and
W.M.P.(MD) Nos.11739 & 11740 of 2021
Bakkiya Deepa ... Petitioner
-vs-
1.The Chairman
Tamil Nadu Uniformed Services
Recruitment Board
Pantheon Road
Egmore, Chennai-600 008
2.The Chairman / Member
Recruitment Sub Committee
Tamil Nadu Uniformed Services
Recruitment Board
Ramanathapuram Centre
Ramanathapuram District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus to call for the records pertaining to the
impugned order dated 10.08.2021 (Disqualification Slip) issued to the
petitioner (Enrollment No.8201149) by the second respondent and quash the
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W.P.(MD) No.14840 of 2021
same as illegal and consequently directing the respondents to permit the
petitioner to participate in the next level selection process in pursuant of
Grade-II Police Constable (Men, Women & Transgender), Grade II Jail Warden
(Men & Women) and Firemen for the year 2020, if the petitioner found eligible
in long jump by providing one more opportunity.
For Petitioner : Mr.Balamurugapandi.D.
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 10.08.2021,
issued by the second respondent and to direct the respondents to permit the
petitioner to participate in the next level selection process, if she is found to be
eligible in the long jump, by providing one more opportunity.
2. According to the petitioner, she has completed B.Sc.
(Mathematics). The respondent Tamil Nadu Uniformed Services Recruitment
Board (TNUSRB) issued Notification No.1/2020, dated 17.09.2020, inviting
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W.P.(MD) No.14840 of 2021
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.8201149. 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 disqualification slip. Challenging the
same, the petitioner has filed the present writ petition.
3. Further, according to the petitioner, he has successfully
completed the first attempt, however, the respondents again directed him to
undergo the long jump test. Even though the petitioner underwent the test,
the respondents has issued the impugned disqualification slip. Therefore, the
petitioner prays that if one more opportunity is provided, she would certainly
complete the task successfully.
4. The first 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
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W.P.(MD) No.14840 of 2021
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:
One Star Two Stars
Sl.No. Events
(2 Marks) (5 Marks)
1. Long jump 3.0 metres 3.75 metres
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W.P.(MD) No.14840 of 2021
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
10.08.2021. The petitioner participated in the event of long jump in batch No.
2 and made foul in the first chance, in the second chance, she jumped a
distance of 2.69 meters and in the third chance, she jumped a distance of
2.95 meters. Since the petitioner did not meet the minimum required
standard of 3.00 meters in long jump event, she was disqualified and hence,
prayed for dismissal of the writ petition.
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W.P.(MD) No.14840 of 2021
7. Heard the learned counsel on either side and carefully perused
the materials available on record.
8. This Court, by order dated 28.11.2019 in W.P.(MD) No.25310 of
2019 has dismissed the relief sought for by the similarly placed candidate as
that of the petitioner herein as follows:
“6.Considering the submission of the learned
Special Government Pleader appearing for the
respondents that already the petitioner was given two
chances in the long jump event, this Court is not inclined
to grant one more chance to him. If this Writ Petition is
allowed, certainly the other candidates, who are
similarly placed like that of the petitioner herein, not
only in long jump, but also in other physical efficiency
tests, may approach this Court and it will amount to
opening a pandora-box. As the petitioner has been given
two chances in the physical efficiency test viz., long
jump and he did foul in the said test, the impugned
disqualification order is perfectly in order.
7.In view of the above, the relief sought for by the
petitioner cannot be granted. Accordingly, this Writ
Petition is dismissed. No costs. Consequently, connected
Miscellaneous Petitions are closed.”
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W.P.(MD) No.14840 of 2021
9. The Honourable Division of this Court, by Judgment dated
14.07.2020 in W.A.(MD) No.1455 of 2017, has held as follows:
“8. A perusal of the typed set of documents would
disclose that a detailed instruction had been given as to
the scheme of recruitment and as far as the norms for
various events of Physical Endurance Test for men
candidate is concerned, the concerned candidate has an
option either to go for high jump or long jump and in
respect of long jump, he is expected to clear 3.80 metres
and in respect of high jump, a candidate is expected to
clear 1.20 metres. According to the official respondents,
two chances were given and in the first attempt, the
petitioner fouled it and therefore, a second chance was
given, wherein he has cleared only 3.40 metres, which
is well below the required norms and therefore he was
rightly disqualified.
9. As rightly pointed out by the learned Additional
Advocate General, the petitioner did not allege any
malafide or arbitrariness on the part of the official
respondents and he has also admitted that he cleared
the written test and also the Physical Endurance Test
except the long jump for which he has been given with
the disqualification slip and he has accepted it and
signed it. It is well settled position of law that the
selection process is also within the domain of the
authorities who conducted the selection test/trial and
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W.P.(MD) No.14840 of 2021
except the malafide action or arbitrariness appears on
the face of the record, this Court won't normally
interfere in the selection process and cannot act as a
super selection authority.
10. A perusal of the materials would also disclose
that the respondents had done a fair selection process
as regards the petitioner and the learned Single Judge
after due and proper application of mind, has rightly
reached the conclusion and dismissed the writ petition
as devoid of merits. This Court on an independent
application of mind as well as a perusal of the relevant
materials is of the view that there is no error apparent
on the face of the impugned order passed by the
learned Single Judge in dismissing the writ petition and
finds no merits in this Writ Appeal.
11. In the result, the Writ Appeal is dismissed
confirming the order dated 09.08.2017 made in W.P.
(MD).No.14785 of 2017. No Costs. Consequently,
connected miscellaneous petition is closed.”
10. Admittedly, the petitioner has not made any other allegation
that the respondents have intentionally or inimically disqualified her from
participating in the recruitment process. That apart, it is seen that the
petitioner has also not approached the Appellate Authority for her grievance
and without resorting to such an appellate remedy, she has approached this
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W.P.(MD) No.14840 of 2021
Court on 17.08.2021 after one week from participating in the long jump test
by filing this writ petition. Therefore, in such view of the matter, the
contentions of the petitioner are unsustainable and the impugned order
passed by the second respondent does not warrant any interference of this
Court.
11. 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
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W.P.(MD) No.14840 of 2021
To:
1.The Chairman,
Tamil Nadu Uniformed Services
Recruitment Board,
Pantheon Road,
Egmore, Chennai-600 008.
2.The Chairman / Member,
Recruitment Sub Committee,
Tamil Nadu Uniformed Services
Recruitment Board,
Ramanathapuram Centre,
Ramanathapuram District.
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W.P.(MD) No.14840 of 2021
D.KRISHNAKUMAR, J.
krk
W.P.(MD) No.14840 of 2021
and
W.M.P.(MD) Nos.11739 & 11740 of
04.10.2021
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