Baranidharan vs The Chairman
2023 Latest Caselaw 4137 Mad

                                                                     W.A(MD)No.406 of 2023


                BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                          DATED :12.04.2023

                                              CORAM:

                    THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                      and
                   THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                        W.A(MD)No.406 of 2023

                                                 and

                                  C.M.P(MD)Nos.4414 and 4416 of 2023


              Baranidharan                          ... Appellant/Writ petitioner

                                                 -vs-

              1.The Chairman,
                Tamil Nadu Uniformed Services Recruitment Board,
                No.807, 2nd Floor, Anna Salai,
                Chennai – 600 002.

              2.The Member Secretary,
                Tamil Nadu Uniformed Services Recruitment Board,
                Egmore, Chennai – 8.

              3.The Chairperson,
                Tamil Nadu Uniformed Services Recruitment Board,
                Recruitment Sub Committee,
                Madurai Centre,
                Madurai.



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                                                                    W.A(MD)No.406 of 2023


              4.The Member,
                Tamil Nadu Uniformed Services Recruitment Board,
                Recruitment Sub Committee,
                Madurai Centre,
                Madurai.

              5.The Administrative Officer,
                Tamil Nadu Uniformed Services Recruitment Board,
                Recruitment Sub-Committee,
                Madurai Centre,
                Madurai.

              6.The Superintendent of Police,
                Madurai District,
                Madurai.                              ... Respondents/Respondents



              PRAYER: Appeal filed under Clause 15 of Letters Patent, against the

              order dated 15.02.2023 passed in W.P(MD)No.3093 of 2023.



                           For Appellant   :Mr.M.S.Jeyakarthik

                           For Respondents :Mr.Veera Kathiravan,
                                            Additional Advocate General,
                                            Assisted by
                                            Mr.S.P.Maharajan,
                                            Special Government Pleader




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                                                                         W.A(MD)No.406 of 2023


                                                JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 15.02.2023

made in W.P(MD)No.3093 of 2023, the appellant/writ petitioner has

filed this writ appeal.

2. The appellant/writ petitioner who was disqualified in the

selection process of Police Constable on the ground that he does not

possess the prescribed height, has filed the writ petition challenging the

disqualification. The main ground of challenge in the writ petition was

that when his height was measured manually, it was found to be

169.7 cm. Upon appeal by the writ petitioner and upon

re-measurement, it turned out that the writ petitioner was only 169 cm.,

tall. The re-measurement was done by way of digital measurement.

3. A Full Bench of this Court in A.Parthiban and others vs.

Tamil Nadu Uniformed Services Recruitment Board, Rep. by its

Chairmant(DGP) and others, in W.A.No.8 of 2020 etc., batch, has held

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W.A(MD)No.406 of 2023

that if the height measurement is taken by way of digital mode, the same

will have to be accepted. We have followed the Full Bench in

N.Varatharaj vs. the Member Secretary, Tamil Nadu Uniformed Service

Recruitment Board, Chennai and another and dismissed the Writ

Appeal in W.A(MD)No.299 of 2023 on 17.03.2023. Hence, we do not

see any reason to interfere with the order of the Writ Court.

5. The writ appeal fails and it is accordingly dismissed.

No Costs. Consequently, connected miscellaneous petitions are closed.

                                                     [R.S.M., J.]         [L.V.G., J.]
                                                             12.04.2023
              NCC        :Yes/No
              Index      :Yes/No
              PM




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W.A(MD)No.406 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

W.A(MD)No.406 of 2023

12.04.2023

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