Madras High Court
S.Ponpetchi vs The Member Secretary on 21 October, 2021
W.P.(MD) No.13664 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.13664 of 2021
and
W.M.P.(MD) Nos.10596, 10598 & 10601 of 2021
S.Ponpetchi ... Petitioner
-vs-
1.The Member Secretary
Tamilnadu Uniformed Services Recruitment Board
Old Commissioner of Police Office Campus
Pantheon Road, Egmore, Chennai-600 008
2.The Chairman / Sub Committee
Tamil Nadu Uniformed Services Recruitment Board
Egmore, Chennai-8
3.The Superintendent of Police
Thoothukudi District, Thoothukudi ... Respondents
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 passed by the second respondent against the
petitioner vide his proceedings dated 26.07.2021 and to quash the same and
further directing the respondent to permit the petitioner to participate in the
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W.P.(MD) No.13664 of 2021
physical endurance test and other recruitment process in the common
recruitment to the post of Grade II Police Constable, Grade II Jail Warder,
Fireman-2020.
For Petitioner : Mr.Maheswaran.R.
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 26.07.2021,
issued by the second respondent and to direct the respondents to permit the
petitioner to participate in the next level selection process.
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 he was assigned with Enrollment No.3403791. The petitioner
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W.P.(MD) No.13664 of 2021
participated in the written examination and successfully passed in the written
examination. However, in the Physical Measurement 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 participated in 2019
selection process, in which, he passed in the chest measurement test and he
was directed to appear for certificate verification. But, unfortunately, he could
not be selected in 2019 selection process. Therefore, according to the
petitioner, in the present selection process, the respondents have not properly
measured his chest, which resulted in issuance of the impugned
disqualification slip and therefore, prays for interference of this Court.
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
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.13664 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. Further, it is stated in the counter affidavit that during physical
measurement test, chest measurement of the candidates would be measured
by using inch tape. If a candidate does not possess the prescribed chest
measurement and got disqualified, he can prefer appeal before the Appeal
Committee consisting of super check officer in the rank of Inspector General of
Police / Deputy Inspector General of Police, Chairperson of the Sub-
Committee in the rank of Deputy Commissioner of Police / Superintendent of
Police, Sub-Committee Member in the rank of Additional Superintendent of
Police / Deputy Superintendent of Police / Assistant Commissioner of Police
and Medical Officer as per Government Letter (D) No.866, Home (Police III)
Department, dated 24.07.2018.
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W.P.(MD) No.13664 of 2021
6. According to the respondents, the petitioner appeared for chest
measurement test on 26.07.2021 and his chest measurement was 81 cms. in
normal and 85 cms. in expansion. Since the petitioner's chest was expanded
only 04 cms. as against the required expansion of 05 cms., he was 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. 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 him from participating in the recruitment process. That apart, it
is seen that the petitioner has also not approached the Appellate Authority for
his grievance and without resorting to such an appellate remedy, he has
approached this Court on 03.08.2021 after one week from participating in the
chest measurement test by filing this writ petition.
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W.P.(MD) No.13664 of 2021
9. The Honourable Division Bench of this Court, by Judgment
dated 03.06.2020 in W.A.No.285 of 2020, dismissed the identical relief, by
holding as follows:
“4.Having considered the submissions raised, we
are of the view that there is no such material so as to
indicate either any malafides or any procedural flaw so
as to establish that the measurement carried out at the
time of chest measurement of the appellant was flawed
in any way or was in violation of any rules. There
cannot be an enquiry into this, inasmuch as this being a
matter of exercise undertaken by the respondents and
the absence of any mala fides or any violation of the
rules or procedural flaw disentitles the appellant from
approaching this Court under Article 226 of the
Constitution of India.”
10. In W.P.No.21337 of 2017, by order dated 16.08.2017, this
Court has dismissed the writ petition as follows:
13. The learned Additional Advocate General
urged this Court that the Hon'ble Supreme Court of India
also considered these issues and the details of
judgment are extracted hereunder:-
“20. It is submitted that, it has been observed by
the Hon'ble Apex Court in State of Jammu and Kashmir
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W.P.(MD) No.13664 of 2021
& Anr. Vs. Ajay Dogra in SLP Civil Appeal No.
3066/2011 arising out of SLP (c) No.23956 of 2002
dated 07.04.2011 has allowed the Writ Appeal filed by
the State of Jammu & Kashmir & Anr and has held that
19. We may also appropriately refer to the
decision of this Court in Sanjay Kumar Vs. Narinder
Verma and Ors. Reported in (2006) 6 SCC 467, wherein
also it was contended before this Court that in absence
of any challenge to the relevant Rules, it was
impermissible for the High Court to depart from such
recruitment rules. It was also submitted that it is not
open to the High Court to ignore the recruitment rules
and to introduce a criterion which is not even
contemplated by the applicable rules.
20. This Court, while upholding the aforesaid
contentions held in paragraph 16 thus:- It was wholly
unjustified on the part of the Division Bench to have
interfered with the selection process on the basis of the
criteria which were not laid down in the Rules and that
too on an erroneous appreciation of the Rules.
21. This qualification to be possessed by the
applicants have been prescribed in the Rules and also
in the advertisement for the reason that some of them
are required to be posted at high altitude and therefore
they are required to have proper physique so as to be
able to be posted to those places.
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W.P.(MD) No.13664 of 2021
23. We, therefore, hold that the High Court was
not justified to decide the validity of the aforesaid Rule
and the advertisement without there being any
challenge to the same. We also hold that it was not
appropriate for the High Court to set aside the said
conditions which are mandatory in nature.”
11. 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.
12. In the result, the writ petition fails and it is dismissed. No
costs. Consequently, connected miscellaneous petitions are closed.
21.10.2021
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.13664 of 2021
To:
1.The Member Secretary,
Tamilnadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai-600 008.
2.The Chairman / Sub Committee,
Tamil Nadu Uniformed Services Recruitment Board,
Egmore, Chennai-8.
3.The Superintendent of Police,
Thoothukudi District, Thoothukudi.
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W.P.(MD) No.13664 of 2021
D.KRISHNAKUMAR, J.
krk
W.P.(MD) No.13664 of 2021
and
W.M.P.(MD) Nos.10596, 10598 &
10601 of 2021
21.10.2021
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