Madras High Court
V.Jayalakshmi vs Tamilnadu Uniformed Services ... on 4 October, 2021
W.P.(MD) No.14675 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.14675 of 2021
and
W.M.P.(MD) Nos.11607 & 11608 of 2021
V.Jayalakshmi ... Petitioner
-vs-
1.Tamilnadu Uniformed Services Recruitment Board
rep.by its Chairman
Old Commissioner of Police Office Campus
Panthoen Road, Egmore
Chennai-600 008
2.The Member Secretary
Tamilnadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Campus
Panthoen Road
Egmore, Chennai
3.The Chairman
Police Selection Sub Committee
Tirunelveli ... Respondents
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W.P.(MD) No.14675 of 2021
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus to call for the records relating to the
impugned disqualification slip dated 03.08.2021 passed by the third
respondent, quash the same, consequently direct the third respondent to
reconduct the 100 meter running test to the petitioner afresh and thereafter
proceed with the selection process.
For Petitioner : Mr.Malaichamy.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 03.08.2021,
issued by the third respondent and to direct the respondents to conduct 100
Meter running test afresh to the petitioner and thereafter proceed with the
selection process.
2. According to the petitioner, she has completed B.Sc.,
(Mathematics) in the year 2016. The respondent Tamil Nadu Uniformed
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W.P.(MD) No.14675 of 2021
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 post of Grade-II Constable
in the women category as a first preference and Jail Warder as a second
preference and she was assigned with Enrollment No.8401897. 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 17.87 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, while she was undergoing
the running event, the digital clock used by the official concerned was not
properly working 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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W.P.(MD) No.14675 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 in 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:
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W.P.(MD) No.14675 of 2021
“(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
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 Tirunelveli Centre on 03.08.2021.
Admittedly, the digital timer set issued by the Recruitment Board was not
properly working during 100 / 200 Meter running event. Hence, the
Chairman and Members of the Sub Committee of Tirunelveli Centre decided
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W.P.(MD) No.14675 of 2021
not to use the digital time set further and a proceedings dated 03.08.2021, in
this regard, was communicated by the Chairman to the Recruitment Board.
Thereafter, the running time was calculated by stop watches handled by the
Sports Officials as per the decision of the Recruitment Board. It is further
stated in the counter affidavit that the petitioner had taken 17.87 Seconds as
per the stop watch timing recorded by the sports official as against the the
stipulated time of 17.50 Seconds. Therefore, there is no illegality or
irregularity in the decision taken by the respondent Board 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 prominent ground by which the petitioner attacks the
impugned disqualification slip is that the running time was not properly
calculated and the same resulted in rejection of her candidature. According to
the petitioner, the digital timer set used at the time when she was undergoing
the running event was not properly working and due to the said faulty timer
set, a stop watch was used to calculate the running time. According to the
respondents, since the digital timer set was not properly working, based on
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W.P.(MD) No.14675 of 2021
the directions issued by the Sub Committee, a Stop Watch was used to
calculate the running time. Further, it is seen that on 03.08.2021 in Batch
No.III, totally eight candidates, including the petitioner, participated, in which
the last candidate had completed the task in 16.63 seconds, whereas the
petitioner had taken 17.87 seconds.
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.”
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
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W.P.(MD) No.14675 of 2021
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.
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:
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W.P.(MD) No.14675 of 2021
“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.”
12. Undoubtedly, the dispute raised by the petitioner is a
disputed fact and such disputed facts cannot be decided in a writ petition filed
under Article 226 of the Constitution of India and 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
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W.P.(MD) No.14675 of 2021
approached this Court on 13.08.2021 after ten days from participating in the
running test by filing this writ petition. Further, in the Information Brochure
it is clearly mentioned that only one chance would be given to the candidates
for 100 / 200 Metre running event. 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.
13. 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.14675 of 2021
To:
1.The Chairman,
Tamilnadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Panthoen Road, Egmore, Chennai-600 008.
2.The Member Secretary,
Tamilnadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Panthoen Road, Egmore, Chennai.
3.The Chairman,
Police Selection Sub Committee,
Tirunelveli.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.14675 of 2021
D.KRISHNAKUMAR, J.
krk
W.P.(MD) No.14675 of 2021
and
W.M.P.(MD) Nos.11607 & 11608 of
04.10.2021
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https://www.mhc.tn.gov.in/judis/
