Madras High Court
Savithiri vs 3 The Chairperson on 6 April, 2022
W.P.No.24162 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 6.4.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.24162 of 2021
Savithiri ... Petitioner
Vs.
1 The Chairman,
Tamil Nadu Uniformed Services Recruitment
Board, Old Commissioner Office Campus,
Pantheon Road, Egmore, Chennai-600 008.
2 The Member Secretary,
Tamil Nadu Uniformed Services Recruitment
Board, Old Commissioner Office Campus,
Pantheon Road Egmore Chennai-600 008.
3 The Chairperson,
Sub-committee Cuddalore Centre And
Superintendent Of Police Cuddalore District. ... Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents to
consider the petitioners representation dated 24.09.2021 and consequently
direct the 2nd respondent to conduct Re-Physical Measurement Test (PMT) for
the petitioner in the Post of (Grade-II Police Constable / Grade-II Jail Warder /
and Fireman)Called for by the 2nd respondent.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.24162 of 2021
For Petitioner : Mr.S.Silambu Selvan
For Respondents 1 & 2
: Mr.P.Kumaresan,
Addl. Advocate General asst. by
Mr.J.Daniel
For Respondent No.3 : Mrs.S.Anitha, Spl. G.P.
*****
ORDER
According to the petitioner, the petitioner passed written
examination conducted by the second respondent for the post of Grade II Police
Constable/Grade II Jail Warder/Fireman. The petitioner was allowed to
participate in the physical measurement test and Certificate verification in the
ratio of 1 : 5 from 26.7.2021 to 18.8.2021. The petitioner appeared in the
physical measurement test conducted by the third respondent on 3.8.2021 and
her height was found to be 155.0 cm. The required height measurement for SC
women being 157 cm., and the same was communicated to the petitioner with
disqualification slip which was duly acknowledged by the petitioner on
3.8.2021. Therefore, the petitioner was not selected for the post of Grade II
Police Constable.
2. According to the petitioner, the measurement taken by the
respondent is not corrected and therefore, opportunity should be granted to
the petitioner to remeasure the height of the petitioner. Hence, the petitioner
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W.P.No.24162 of 2021
has filed the present writ petition before this Court.
3. Counter affidavit has been filed by the respondent wherein it is
stated that the petitioner's height was measured by the Cuddalore Sub
Committee on 3.8.2021. According to the respondent, the required height for
SC Woman is 157 cm., but the petitioner's height is only 155 cm. and therefore,
the petitioner was disqualified from the selection list. The respondent also
relied on the decisions of the Hon'ble Supreme Court in Manish Kumar Vs.
Union of India and others [W.P.(c) No.183 of 2013 dated 24.4.2017 and
the Division Bench judgment in W.A.(Md) No.1295 of 2015 dated 1.2.2016.
4. Heard the rival submissions of the parties and perused the
materials available on record.
5. This Court while deciding the identical issue in Ananthakumar
vs. The Chairman, Tamil Nadu Uniformed Services Recruitment Board,
Egmore, Chennai – 600 008 [W.P.(Md) No.14421 of 2021 and W.M.P. (MD)
No.11359 of 2021] has held as under:
''8. A similar issue came up before the Division Bench
of this Court in W.A.(MD)No.792 of 2010, and this Court
by order dated 18.03.2010, dismissed the said Writ Appeal,
wherein it is held as follows:
“The allegations mentioned in the affidavit are all
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W.P.No.24162 of 2021
being factual aspects, the writ Court sitting under
article 226, cannot entertain the order. However, the
Learned Single Judge, while considering the same issue
has observed that the appellant having not been
successful in proving his efficiency by coming up to the
expectations of the selection committee, cannot come to
the court with a complaint that the selection committee
has failed to put proper or sufficient powder on the
rope. When hundreds of candidates were able to
participate in the rope climbing test successfully for the
reasons that two of the candidates were not able to be
successful in the rope climbing test, the writ Court
cannot entertain this allegation not hold any roving
enquiry. The very fact that the petitioner having become
unsuccessful in the physical efficiency test, cannot
challenge the method of conducting the physical
efficiency test, however, in our considered view, the
Learned Single Judge has considered the same,
therefore, we do not find any infirmities in the order.
Accordingly, Writ Appeal fails and is dismissed,
Consequently, connected Miscellaneous Petition is also
dismissed.”
9. The Division Bench of this Court has clearly held
that the writ Court cannot conduct any roving enquiry and
the said factual aspect cannot be entertained under Article
226 of the Constitution of India. The learned counsel for
the petitioner has not produced any supporting materials to
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W.P.No.24162 of 2021
disprove the claim made by the respondents. In the
affidavit, the petitioner has stated that he participated in the
rope climbing test and he secured one star in the first
chance and thereafter, he could not able to participate, due
to the injury sustained by him. However, in the counter
affidavit, it is stated that the petitioner was given three
chances, but he failed to succeed. Therefore, the contention
of the learned counsel for the petitioner is unacceptable and
moreover, there is no force on the contention made by the
learned counsel for the petitioner to grant the relief as
sought for by the petitioner.''
6. On perusal of record shows that physical measurement was
conducted on 13.8.2021 and as per the notification, the result of the physical
measurement was communicated to the petitioner on the same day. The
petitioner also signed in the relevant record. The respondent as per the coding
sheet, recorded the entire physical measurement in the coding sheet. But the
petitioner has not made any objection or made request to prefer an appeal.
Further, the petitioner has not made any complaint to the authorities on
13.8.2021. The writ petitioner has approached this Court only in the month of
October, 2021 after the lapse of two months.
7. In the light of the decisions cited supra, the writ petition stands
dismissed. No costs.
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W.P.No.24162 of 2021
30.03.2022
D.KRISHNAKUMAR, J.
vaan
Speaking / Non Speaking order
Index : Yes/No
Internet : Yes/No
vaan
To
1 The Chairman,
Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner
Office Campus, Pantheon Road, Egmore, Chennai-600 008.
2 The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner
Office Campus, Pantheon Road Egmore Chennai-600 008.
3 The Chairperson,
Sub-committee Cuddalore Centre And Superintendent Of Police,
Cuddalore District.
W.P.No.24162 of 2021
Dated: 6.4.2022
https://www.mhc.tn.gov.in/judis
