Madras High Court
The Member Secretary vs C. Sridevi on 3 March, 2022
1 W.A.No.405 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2022
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.A.No.405 of 2022
1. The Member Secretary
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,
Egmore, Chennai 600 008.
3. The Deputy Superintendent of Police,
Madurai District,
Madurai. ... Appellants
Vs
C. Sridevi ... Respondent
Prayer:Writ Appeal is filed under clause 15 of the Letter Patent praying to
set aside the order made in WP No.21755 of 2021 by the order dated
08.10.2021.
https://www.mhc.tn.gov.in/judis
2 W.A.No.405 of 2022
For Appellants : Mr.P.Kumaresan
Addl.Advocate General
Asst.by Mrs.V.Yamuna Devi
Spl.Govt.Pleader
For Respondent : M/s.G.Radhakrishnan for Caveator
JUDGMENT
S.VAIDYANATHAN, J.
and
MOHAMMED SHAFFIQ, J.
The present appeal has been preferred against the order of the learned
Single Judge made in WP No.21755 of 2021 dated 08.10.2021 by which
learned Single Judge has directed the Government to retest the height of the
candidates like that of the writ petitioner.
2. The case of the Writ Petitioner/respondent herein is that she
belongs to BC Community applied for the post of Gr.II Police
Constables/Gr.II Jail warder/Firemen of 2020. She had cleared the written
examination and was called for Physical Measurement Test/Endurance Test
on 02.08.2021. The petitioner's height was measured by the Madurai Sub-
Committee on 02.08.2021 as 158 c.m and the same has been recorded in the
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Coding sheet. Since the required height measurement for BC women was
159 cm, she preferred an appeal before the Appeal Committee wherein her
height was again measured as 158 cm resulting in her disqualification.
Aggrieved by the same the Writ Petitioner had filed a Writ Petition and an
order was passed by this Court therein on 08.10.2021 with a direction to
consider the case of the petitioner along with similarly placed persons.
3. The learned counsel for the respondent /caveator contended that
when the height of the respondent was measured in the General Hospital on
23.10.2021 her height was 159 c.m., whereas the measurement taken by the
appellants shows the lesser value, therefore the measurement taken with
such scale is highly doubtful and considering the totality of the
circumstances the learned Single Judge has rightly granted the relief to the
petitioners and the other similarly placed persons and the same does not
require any interference by this Court.
4. Heard both sides.
5. Admittedly, the writ petitioner was not successful in the Physical
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Measurement Test as the height of the writ petitioner, who belongs to BC
community was 157.8 c.m rounded off to 158 c.m. The Writ Petitioner was
also subjected for second time measurement before the Appeal Committee.
As per the direction of this Court the procedure of height measurement was
videographed and produced before this Court from which it is clear that the
height of the writ petitioner was 157.8 c.m. Even though the respondent/writ
petitioner has produced a certificate of Physical Fitness issued by a General
Hospital dated 23.10.2021 showing her height as 159 c.m., the scale may
differ, but, based on the scale, that was available for height measurement of
the candidates including the other candidates, who have obtained the orders
from the Court for re-measurement, had the benefit and non benefit from the
said scale.
6. In the present case on hand, though the Writ Petitioner came out
successful in other tests, she has not fulfilled the height requirement and
therefore this Court cannot extend its helping hand to the Writ Petitioner so
as to direct the Appellants to accommodate the Writ Petitioner. Hence, we
are of the view that the order of the learned single Judge, directing the
appellants to permit all the candidates including the writ petitioner for
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further physical examination does not sound merit.
7. In the result, the Writ Appeal is allowed and the order of the
learned single Judge dated 08.10.2021 is set aside. No costs.
(S.V.N.J.,) (M.S.Q.J.,)
03.03.2022
dpq
Speaking order/Non-speaking order
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
S.VAIDYANATHAN, J.
and
MOHAMMED SHAFFIQ, J.
dpq
1. The Member Secretary
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,
Egmore, Chennai 600 008.
3. The Deputy Superintendent of Police,
Madurai District,
Madurai.
W.A.No.405 of 2022
03.03.2022
https://www.mhc.tn.gov.in/judis
