Madras High Court
R.Karthick Ramesh vs The Director General Of Police on 21 April, 2022
W.P.(MD) No.12313 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.12313 of 2021
and
W.M.P.(MD) No.9666 of 2021
R.Karthick Ramesh ... Petitioner
vs.
1.The Director General of Police
Tamil Nadu Uniform Services
Recruitment Board
Chennai
2.The Member Secretary
Tamil Nadu Uniform Services
Recruitment Board
Chennai ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of writ of certiorarified mandamus calling for the records pertaining
to the order passed by the 1st respondent in his proceedings in
Na.Ka.No.R4/2225/2021, dated 23.06.2021 and quash the same and direct
the respondents to conduct the physical efficiency test for the petitioner to
participate 400 mtrs running and long jump so as to enable the petitioner to
____________
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.12313 of 2021
prove his efficiency for the selection to the post of Sub-Inspector of Police
(Taluk, Armed Reserved and Tamil Nadu Special Police) as per Notification No.
2 of 2019 dated 08.03.2019.
For Petitioner : Mr.Panneer Selvam.V.
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.A.K.Manikkam
Special Government Pleader
ORDER
The order of rejection, dated 23.06.2021, passed by the first
respondent, rejecting the claim of the petitioner for selection to the post of
Sub-Inspector of Police, is under challenge in this writ petition.
2. The petitioner is an in-service candidate and he was initially
appointed as Grade-II Police Constable. The petitioner participated in the
selection process for selection to the post of Sub Inspector of Police. He was
successful in the written examination and participated in the physical
efficiency test. The petitioner was qualified in 400 Meters running event also,
however, he scored lesser mark in the said event and therefore, he was not
selected.
____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.12313 of 2021
3. The learned counsel appearing for the petitioner made a
submission that such cases are to be considered sympathetically. Therefore,
the petitioner must be given one more opportunity to participate in the
physical efficiency test i.e. 400 Meters running event.
4. The learned Additional Advocate General appearing for the
respondents relied on the Judgment of this Court in W.A.(MD) No.1706 of
2021, dated 26.10.2021, wherein a similar issue was considered and the
Honourable Division Bench allowed the writ appeal filed by the Director
General of Police. The relevant paragraphs of the said Judgment are extracted
hereunder:
4. The petitioner participated in the process
without any reservation and failed to make the mark.
The fact that four days later the petitioner was
discovered to have contracted the disease is no ground
for any discretion to be exercised in favour of the
petitioner and a special test required to be conducted at
a time when the recruitment process has already been
concluded.
5. The writ petitioner submits that there are other
instances where similar considerations had been shown
to persons, who may not have fared well in the physical
ability test. As a matter of principle, it cannot be
____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.12313 of 2021
accepted as a legal proposition that merely because a
person was unable to perform upto his expectations on
the date that the physical ability test was scheduled,
such person has to be afforded a subsequent
opportunity to demonstrate his physical ability or the
extent of his fitness. Further, since Article 14 of the
Constitution does not operate in a negative sense, if a
few persons have been erroneously conferred a benefit
that they may not have been entitled to, the same cannot
be cited as an instance to perpetuate the wrong.”
5. This Court is of the considered opinion that High Court cannot
grant such an opportunity to the candidates, who had already participated
and was unsuccessful in the selection process. In the event of allowing a
failed candidate to participate in the selection process by providing one more
opportunity, many such failed candidates will also claim such a relief. This
apart, the physical verification test was conducted by the Competent Selection
Authorities and once the petitioner was not qualified in the selection process,
the question of providing another opportunity would not arise at all and
granting such a relief is beyond the scope of judicial review under Article 226
of the Constitution of India.
____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.12313 of 2021
6. The power of judicial review is to scrutinize the process through
the decision taken by the Competent Authorities is in accordance with the
rules or not, but not the decision itself. In the present case, the decision is
that the petitioner was not qualified in the physical efficiency test as he scored
lesser mark in 400 Meters running event. This being the factum, the question
of providing one more opportunity to participate in 400 Meters running event
would not arise at all and such an opportunity cannot be granted by the High
Court in a writ proceedings as it will not only set a bad precedent, but also
pave way for many other similarly placed candidates to claim such a relief,
which will derail the entire selection process.
7. At this juncture, the learned counsel for the petitioner made a
submission that the petitioner was infected Covid-19 and therefore, he was
unable to perform efficiently in the physical efficiency test. However, the fact
remains that the petitioner participated in 400 Meters running event and was
unsuccessful. Therefore, such grounds cannot be considered by the High
Court to undo the selection process already concluded.
____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.12313 of 2021
8. With the above observations, the writ petition is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
21.04.2022
Index : Yes
Internet : Yes
krk
To:
1.The Director General of Police,
Tamil Nadu Uniform Services
Recruitment Board,
Chennai.
2.The Member Secretary,
Tamil Nadu Uniform Services
Recruitment Board,
Chennai.
____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.12313 of 2021
S.M.SUBRAMANIAM, J.
krk
W.P.(MD) No.12313 of 2021
and
W.M.P.(MD) No.9666 of 2021
21.04.2022
____________
https://www.mhc.tn.gov.in/judis
