Madras High Court
N.Manimegalai vs Chairman / Director General Of ... on 4 October, 2021
W.P.(MD) No.15781 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.15781 of 2021
and
W.M.P.(MD) No.12714 of 2021
N.Manimegalai ... Petitioner
-vs-
1.Chairman / Director General of Police
Tamil Nadu Uniformed Services
Recruitment Board
Old Commissioner of Police Office Campus
Pantheon Road
Egmore, Chennai-8
2.The Member Secretary /
Additional Director General of Police
Old Commissioner of Police Office Campus
Pantheon Road, Egmore, Chennai-8 ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus to call for the records in pursuant to the
impugned disqualification slip dated 10.08.2021 issued by the respondents in
connection with petitioner's enrollment No.7003823 in recruitment for the
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W.P.(MD) No.15781 of 2021
post of Grade-II Police Constable (Men, Women and Transgender), Grade-II
Jail Warder (Men & Women) and Fireman for the year 2020 and quash the
same and direct the respondents to declare petitioner as qualified candidate.
For Petitioner : Mr.Karunanithi.M.
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 respondents and to direct the respondents to declare the
petitioner as a qualified candidate.
2. According to the petitioner, she has completed Tenth Standard.
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 Enrol. No.
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W.P.(MD) No.15781 of 2021
7003826. 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 Education Test, the petitioner
was issued with the impugned order disqualifying her on the ground that she
took 18.7 seconds to complete the task of 100 Meter running test.
Challenging the same, the petitioner has filed the present writ petition.
3. Further, according to the petitioner, she has completed the
task in 17 seconds, however, the officials manually recorded the running time,
due to which, the impugned disqualification slip came to be issued. Even
though the petitioner approached the Appellate Authority seeking to verify the
running time, the same has not been considered.
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
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W.P.(MD) No.15781 of 2021
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
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
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W.P.(MD) No.15781 of 2021
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 Trichy Centre on 10.08.2021. In
batch No.35, there were six candidates, including the petitioner and all the
candidates, except the petitioner, were qualified. Since the petitioner
completed the task in 18.7 seconds as against 17.50 seconds, she is not
qualified and hence, prayed for dismissal of the writ petition.
7. Heard the learned counsel on either side and carefully perused
the materials available on record.
8. The respondents have produced the coding sheet before this
Court. On perusal of the coding sheet, it is seen that on 10.08.2021, in Batch
No.35 at Trichy Centre, six candidates, including the petitioner, were
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W.P.(MD) No.15781 of 2021
participated and the petitioner has taken 18.7 seconds to complete the task of
100 meter running event. It appears that the petitioner has not made any
objection and signed in the coding sheet. On 13.08.2021, the petitioner made
a representation to the respondents disputing the decision taken by them. If
really the petitioner being aggrieved by the decision taken by the respondents,
she could have made objection before signing the coding sheet stating that the
running time was not properly calculated and even before this Court also, she
has not produced any material in support of her contention. Further, there is
no instruction / information in the brochure to show that the petitioner is
entitled for retest. Therefore, in the absence of any such material, the claim of
the petitioner is unsustainable.
9. 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.”
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W.P.(MD) No.15781 of 2021
10. This Court, by order dated 04.09.2017 in W.P.No.23785 of
2017 has dismissed the similar writ petition holding that:
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.
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W.P.(MD) No.15781 of 2021
4. Accordingly, the writ petition stands dismissed.
However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is also
closed.
11. 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.”
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W.P.(MD) No.15781 of 2021
12. In such view of the matter, the contentions of the petitioner
are unsustainable and the impugned order passed by the respondents does
not warrant any interference of this Court.
13. In the result, the writ petition fails and it is dismissed. No
costs. Consequently, connected miscellaneous petition is 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.15781 of 2021
To:
1.The Chairman / Director General of Police,
Tamil Nadu Uniformed Services
Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore, Chennai-8.
2.The Member Secretary /
Additional Director General of Police,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore, Chennai-8.
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W.P.(MD) No.15781 of 2021
D.KRISHNAKUMAR, J.
krk
W.P.(MD) No.15781 of 2021
and
W.M.P.(MD) No.12714 of 2021
04.10.2021
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