Madras High Court
R. Sathya vs The Chairman on 22 August, 2023
W.P.No.453 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2023
CORAM:
THE HON'BLE MR.JUSTICE J. SATHYA NARAYANA PRASAD
W.P.No.453 of 2021
and WMP.No. 535 of 2021
R. Sathya ... Petitioner
vs.
1. The Chairman
Uniformed Service Recruitment Board
Pantheon Road, Egmore,
Chennai 600 008.
2. The Member Secretary
Uniformed Service Recruitment Board,
Pantheon Road,
Egmore, Chennai 600 008.
3. The Chairman of the Sub – Committee
Uniformed Service Recruitment Board
Pantheon Road, Egmore, Chennai 600 008. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, to issue writ of certiorarified mandamus to call for the records of
the third respondent relating to the order bearing C.No.R2/860/2019 dated
28.10.2020 quash the same and consequently direct the respondents to
conduct the 200 metrs running event a fresh in a suitable weather condition.
1/14
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W.P.No.453 of 2021
For Petitioner : Mrs.V.Ranjayani
For Respondents : Mr.P.Kumaresan
Additional Advocate General
Asst.by Mrs.D.Sowmi Dattan
Standing Counsel for R1 & R2
ORDER
The present Writ Petition has been filed to call for the records of the
third respondent relating to the order bearing C.No.R2/860/2019 dated
28.10.2020 quash the same and consequently direct the respondents to
conduct the 200 metrs running event a fresh in a suitable weather condition.
2. The learned counsel for the petitioner submitted that the petitioner
participated in the 200 metre run and started to run the 200 metre, since the
ground was wet and slushy after the rain, two of the tracks out of nine tracks
in the ground were bedded with dry soil on the top which also contained
tiny graves/stones. While running she was hurt my bare food very badly and
hence she lost balance twice and managed to reach the end but she was
declared as “not qualified” for reason that she took 40.31 secs to reach the
deadline instead to 38 seconds. He further submitted that disqualification is
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W.P.No.453 of 2021
nothing but due to bad weather and not that she is inefficient and in this
regard she gave a representation to the respondents to reconsider the results
but there was no response. Hence, the present writ petition.
3. Per contra, the learned Additional Advocate General submitted that
only one chance will be given to the candidates in 100metres/200 metres
run. Further out of the 10 candidates participated in 200 mtrs running event
for women in batch no.33, 8 have qualified and 2 including the petitioner
have been disqualified and the petitioner had accepted her disqualification
in 200 metres running and also acknowledged the coding sheet of the
physical test. He further drew the attention of this Court to the judgment of
the Hon'ble First Bench of this Court in W.A.(MD).No.1706 of 2021 dated
26.10.2021, the relevant paragraphs of which are extracted below:-
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 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
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W.P.No.453 of 2021
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.
6. For the reasons aforesaid, the judgment and order dated June
17, 2021 cannot be sustained and the same is set aside.
W.P.(MD).No.19388 of 2020 is dismissed.
4. At this juncture, it is relevant to extract the following paragraphs
from the counter affidavit filed by the 2nd respondent:
5. It is further submitted that the petitioner appeared for the
Physical Efficiency Test before the Sub-Committee, Chennai on
28.10.2020. The Physical Efficiency Test consists of 1) Long Jump, 2)
Cricket Ball Throw or Shot Put, 3) Running 100 metres or 200 metres.
The petitioner had completed the Long Jump and Shot Put throw
events successfully and had failed to complete the 200 metres running
event within the stipulated time of 38.00 seconds. The petitioner had
taken 40.31 seconds to complete the 200 metres running event. Hence
she was disqualified and issued with Disqualification Slip in
C.No.R2/860/2019 dated 28.10.2020. Aggrieved over her
disqualification, the petitioner has filed this writ petition.
6. It is submitted that the stage of recruitment mentioned in
Para No.8 of the Notification No.2/2019 dated 08.03.2019 and Para
No.15 of the Information Brochure are as follows:-
1. Written Examination
2. Physical Measurement Test (PMT)/Endurance Test (ET)/
Physical Efficiency Test (PET)/Certificate Verification (CV).
3. Viva-voce
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W.P.No.453 of 2021
Para No.15 (D). of the Information Brochure clearly mentions the
Physical Efficiency Test of the recruitment for Open candidates as
follows:-
D) PHYSICAL EFFICIENCY TEST: Total marks for PET is 15.
The details of Physical Efficiency Test are as follows:-
(II) Women and Transgender candidates:
Sl.No Events One Star (2 marks) Two Stars (5 marks)
1 Long jump 3.0 metres 3.75 metres
2 Shotput Shotput (4 Kg) 4.25 metres 5.50 metres
(or) Cricket
ball throw
Cricket ball 17 metres 24 metres
throw
3 100 mts run 100 mts run 17.50 seconds 15.50 seconds
(or) 200 mts 200 mts run 38.00 seconds 33.00 seconds
run
i. Women and Transgender candidates will have to participate and
qualify in all the three events.
ii. Three chances will be given for the events of long jump, Shot-
Put throw/Cricket Ball throw. The highest score of the three
chances will be considered for qualification.
iii. Only one chance will be given to the candidates in 100
metres/200 metres run.
8. It is submitted that all the events are being conducted on
behalf of the TNUSRB by the Sub-Committee in a fair, transparent and
unbiased manner and also the recruitment process contains one more
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W.P.No.453 of 2021
stage of selection i.e., Viva-voce after completion of Physical Test. But
the petitioner has not completed the 200 metres running event. Each
test is a qualifying stage to the next step. Hence, the prayer of the
petitioner to conduct the 200 mts running event afresh in a suitable
weather condition for the selection to the post of Sub-Inspector of
Police (Taluk/Armed Reserve) for the year 2019 is not maintainable. If
the petitioner is allowed, it would open the flood gate of cases and the
selection process would never be completed.
5. Heard both sides and perused the materials available on record.
6. In view of the above factual matrix of the case and the ratio laid
down by this Court in W.A.(MD).No.1706 of 2021 dated 26.10.2021, this
Court is of the considered view that the writ petition is liable to dismissed.
7. In the result, the writ petition stands dismissed. No costs.
Consequently connected miscellaneous petitions are also closed.
22.08.2023
dpq
Index : Yes/No
Speaking Order : Yes/No
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W.P.No.453 of 2021
J. SATHYA NARAYANA PRASAD, J.
dpq
W.P.No.453 of 2021
22.08.2023
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W.P.No.453 of 2021
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