J. Adams vs The Chairman
2021 Latest Caselaw 17866 Mad

                                                                            W.A.(MD)No.1620 of 2021

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATE : 01.09.2021

                                                      CORAM :

                              THE HONOURABLE MR.JUSTICE M.DURAISWAMY
                                               AND
                            THE HONOURABLE MR.JUSTICE K. MURALI SHANKAR

                                            W.A.(MD) No.1620 of 2021
                                                     and
                                            CMP(MD).No.7005 of 2021

                   J. Adams                                     ... Appellant/Petitioner
                                                           Vs

                   1. The Chairman,
                      Tamil Nadu 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,
                      Superintendent of Police Office,
                      Ramanathapuram District,
                      Ramanathapuram.                       .. Respondents/Respondents

                   PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying
                   this Court to set    the order made in W.P(MD).No.5012 of 2020, dated
                   18.3.2020, on the file of this Court.


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https://www.mhc.tn.gov.in/judis/
                                                                                W.A.(MD)No.1620 of 2021


                                    For Appellants              : Mr.s. Louis

                                    For respondents             : Mr. Veerakathiravan
                                                                  Additional Advocate General
                                                                  assisted by
                                                                  Mr.B. Saravanan
                                                                  Government Advocate

                                                         JUDGMENT

(Judgment of the Court was made by M.DURAIWAMY,J)

Challenging the order passed in W.P(MD)No. 5012 of 2020, the

writ petitioner has filed the above appeal.

2.The appellant filed the Writ Petition to issue the Writ of

Mandamus directing the respondents to give opportunity to the

petitioner to participate in the Physical Fitness Test in the Common

Recruitment for the post of Grade-II Police Constable, Grade-II Jail

Warder and Fire Man 2019, by considering the petitioner's

representation, dated 14.02.2020, within a time frame.

3.It is the case of the appellant that he participated in the

Physical Fitness Test and was disqualified in the Physical Fitness Test

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https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.1620 of 2021

held for the Post of Grade-II Police Constable, Grade-II Jail Warder and

Fire Man 2019.The contention of the appellant is that the respondents

have not issued any Disqualification Order and therefore, he should be

given an opportunity to participate in the Physical Fitness Test for the

selection of Grade-II Police Constable, Grade-II Jail Warder and Fire

Man 2019.

4.When the respondents have conducted a Physical Endurance

Test and the appellant had failed to qualify therein himself, in such

case, the respondents cannot be directed to conduct Physical Test for

him. While the appellant was participating in the Physical Test of Rope

Climbing, he fell down from the rope and got fractured. When the

appellant had failed to complete the Rope Climbing Test in full,

automatically he got disqualified from the selection.

5.In such circumstances, the learned Single Judge, has rightly

dismissed the Writ Petition. Subsequent to the Writ Petition, which is

impugned in this Writ Appeal, the appellant has also filed another Writ

Petition in W.P(MD)No. 3661 of 2021 for the very same relief sought for

in W.P(MD)No. 5012 of 2021 and the learned Single Judge, by order

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https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.1620 of 2021

dated 25.02.2021, dismissed the Writ Petition on the ground that the

Writ Petition is barred by the Principle of res-judicata. We do not find

any error in the order passed by the learned Single Judge. The Writ

Appeal is devoid of merits and the same is dismissed. No costs.

Consequently, connected Miscellaneous Petition is dismissed.

                                                          [M.D.,J.] & [K.M.S.,J.]
                                                                 01.09.2021




                   Index           : Yes/No
                   Internet        : Yes/No
                   vsn/LR

                   To,

                   1. The Chairman,

Tamil Nadu 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, Superintendent of Police Office, Ramanathapuram District, Ramanathapuram.

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https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.1620 of 2021

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.

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https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.1620 of 2021

M. DURAISWAMY, J.

AND K. MURALI SHANKAR, J.

vsn/LR

JUDGMENT MADE IN W.A(MD) No.1620 of 2021 and CMP(MD)No.7005 of 2021

01.09.2021

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https://www.mhc.tn.gov.in/judis/