Madras High Court
T.Vinith vs The Member Secretary on 13 June, 2023
W.P.(MD)No.11779 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.11779 of 2023
and
W.M.P.(MD)Nos.10300 and 10302 of 2023
T.Vinith ... Petitioner
Vs.
1.The Member Secretary,
Tamilnadu 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 – 8.
3.The Superintendent of Police /
Sub Committee Chairman,
Madurai District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certirarified Mandamus, to call for the records,
relating to the impugned disqualification order, passed by the
3rd respondent against the petitioner vide his proceedings dated
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W.P.(MD)No.11779 of 2023
25.04.2023 and to quash the same and further directing the respondent to
re-measure the height of the petitioner and permit the petitioner to
participate in the physical endurance test and other recruitment process in
the common recruitment to the post of grade II Police Constable, Grade
II Jail Warder, Fireman-2022.
For Petitioner : Mr.M.Viji
For Respondents : Mr.Veerakathiravan,
Addl. Advocate General,
Assisted by Mr.K.Balasubramani,
Spl. Government Pleader.
ORDER
Heard the learned counsel for the writ petitioner and the learned
Additional Advocate General assisted by the learned Special Government
Pleader for the respondents.
2.The petitioner is an aspirant for the post of Police Constable
Grade II. He took part in the recruitment process held by the respondent
board. When his height was physically measured, it was found to be
170 cm. However, during super check, his height was found to be
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W.P.(MD)No.11779 of 2023
168.9 cm. Hence, he was disqualified. Challenging the same, the
petitioner filed W.P.(MD)No.3228 of 2023. The said writ petition was
allowed on 16.02.2023 in the following terms:-
“2. The case of the petitioner is that he has
participated in the selection process to the post of
Combined Recruitment of Grade II Police
Constable /Grade II Jail Warders /Firemen 2022 and
successfully completed the written examination and also
secured qualified marks in the written examination.
Thereafter, on 07.02.2023, he has participated in the
physical measurement test and he has more than 170 cm.
height. As per the selection Notification, the qualified
height to the MBC candidates is 170 cm. But, during the
physical measurement test through the digital method, the
third respondent and his subordinate officers did not
properly measure his height and they disqualified him on
the ground that the petitioner only having 168.9 cm. height.
Challenging the same, the present writ petition has been
filed.
3. Mr.Veera Kathiravan, learned Additional
Advocate General, assisted by Mr.S.P.Maharajan, learned
Special Government Pleader appearing for the respondents
would submit that the present impugned order is wrong and
the petitioner was already measured and his height is 170.0
cm. and thereafter super check measurement was conducted
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W.P.(MD)No.11779 of 2023
again, since there was a malpractice in the earlier round of
measurement and his height is 168.9 cm. However, the
impugned order does not reveal the same. Hence, this
Court may set aside the impugned disqualification slip
issued by the third respondent dated 07.02.2023 and
remand back the matter for fresh order.
4. In view of the fair stand taken by the learned
Additional Advocate General, the impugned
disqualification slip passed by the third respondent dated
07.02.2023 is set aside and the matter is remanded back to
the third respondent for fresh order, after hearing the
petitioner.”
After such remand, the petitioner was summoned and his written
statement was obtained. The impugned order was passed holding that the
petitioner is disqualified. Questioning the same, this writ petition came
to be filed.
3.The learned counsel for the petitioner submitted that after
remand, the petitioner should have been re-measured and since it was not
done. Therefore, there has to be an interference with the impugned order.
4.I am not impressed with the contention of the learned counsel for
the petitioner. As rightly pointed out by the learned Additional Advocate
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W.P.(MD)No.11779 of 2023
General, when the petitioner was issued disqualification slip earlier,
some entries has been erroneously made. That is why, this Court while
allowing the petitioner's writ petition on 16.02.2023 only called upon the
authority to pass a fresh order. The authority was not directed to
re-measure the petitioner. In any event, the stand of the respondents is
that during super check, the petitioner was digitally measured. The
learned Additional Advocate General would draw my attention to the
order dated 17.03.2023 passed by the Hon'ble Division in
W.A.(MD)No.299 of 2023. Paragraph No.3 of the said judgment is as
follows:-
“3. Mr.Veera Kathiravan, learned Additional Advocate
General, would submit that earlier it was manual measurement.
Now a days, measurement is taken manually and in the event of
appeal, there is digital measurement. Therefore, the same cannot
be questioned. He would also rely upon a judgment of the Full
Bench of this Court in A.Parthiban and Others vs. Tamil Nadu
Uniformed Services Recruitment Board, Rep. by its
Chairman(DGP) and Ohers, wherein the Full Bench had an
occasion to deal with the issue and the Full Bench had finally
concluded that if the height and other measurement is taken
through digital mode, the same will have to be accepted. The Writ
Court, after referring to the Full Bench decision, has refused to
interfere with the order impugned in the writ petition. We do not
think that the Writ Court can be faulted for such approach.”
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W.P.(MD)No.11779 of 2023
5.Since the petitioner had been digitally measured during super
check and he was found below the height limit, he was rightly
disqualified. The petitioner has not placed any material before me to
demonstrate that the digital measurement done by the respondents was
erroneous. The petitioner could have got himself digitally measured
privately and placed some materials. No such exercise has been
undertaken by the petitioner. I am therefore not in a position to intervene
in favour of the petitioner. The writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
13.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
ias
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.11779 of 2023
To:-
1.The Member Secretary,
Tamilnadu Uniformed Services,
Recruitment Board,
Old Commissioner of Police Office Campus,
Panetheon Road, Egmore,
Chennai – 600 008.
2.The Chairman / Sub Committee,
Tamil Nadu Uniformed Services Recruitment Board,
Egmore, Chennai – 8.
3.The Superintendent of Police /
Sub Committee Chairman,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.11779 of 2023
G.R.SWAMINATHAN,J.
ias
W.P.(MD)No.11779 of 2023
13.06.2023
https://www.mhc.tn.gov.in/judis
