Madras High Court
Thirumurugan vs The Tamil Nadu Uniformed on 3 November, 2023
Rev.Aplc (MD) No.94 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MR.JUSTICE R.KALAIMATHI
Rev.Aplc (MD) No.94 of 2021
and
C.M.P.(MD) No.8058 of 2021
Thirumurugan ... Petitioner
-vs-
The Tamil Nadu Uniformed
Service Recruitment Board
rep.by its Chairman
Old Commissioner of Police Office
Pantheon Road
Egmore
Chennai-600 008 ... Respondent
PRAYER: Review Application filed under Order XLVII, Rules 1 & 2 read with
Section 114 of the Code of Civil Procedure, against the judgment dated
06.07.2021 made in W.A.(MD) No.1049 of 2021.
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Page 1 of 5
https://www.mhc.tn.gov.in/judis
Rev.Aplc (MD) No.94 of 2021
For Petitioner : Mr.K.Sukumar
for Mr.P.K.Rajesh Praveen Kumar
For Respondent : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.S.P.Maharajan
Special Government Pleader
ORDER
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
This review application is filed to review the Judgment, dated
06.07.2021 made in W.A.(MD) No.1049 of 2021.
2. It is not in dispute that this Court has considered the issues
raised between the parties elaborately and the order passed by the learned
Single Judge in the writ petition was confirmed by the Division Bench by
dismissing the writ appeal filed by the review petitioner.
3. Learned counsel for the petitioner mainly contended that the
representation given by the petitioner to provide further opportunity to the
petitioner to participate in the physical eligibility test was not considered by
the respondent and therefore, the petitioner has chosen to file this review
petition.
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https://www.mhc.tn.gov.in/judis
Rev.Aplc (MD) No.94 of 2021
4. It is further contended by the learned counsel for the petitioner
that the petitioner sustained leg injury on the particulate date and therefore,
he was not in a position to succeed in the physical eligibility test (long jump).
In respect of other tests, the petitioner was successful and therefore, his case
is to be considered.
5. It is needless to state that selection to the Uniformed Services is
to be undertaken scrupulously by following the rules in force. The decision of
the Selection Committee is final and the power of judicial review to interfere
with the decision of the Selection Committee is limited. Even though the
grounds raised by the petitioner may be grounds for appeal. However, such
grounds cannot be entertained in a review proceedings so as to review the
orders passed in the appeal. The Division Bench of this Court has considered
all the facts and circumstances and confirmed the order passed by the learned
Single Judge. The petitioner is unable to establish any error apparent on the
face of the record, but made an attempt to re-adjudicate the issues on merits,
which is impermissible in review proceedings. Thus, we are not inclined to
entertain this review petition.
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https://www.mhc.tn.gov.in/judis
Rev.Aplc (MD) No.94 of 2021
6. Accordingly, the review petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [R.K.M., J.]
03.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Chairman,
Tamil Nadu Uniformed
Service Recruitment Board,
Old Commissioner of Police Office,
Pantheon Road,
Egmore, Chennai-600 008.
____________
https://www.mhc.tn.gov.in/judis
Rev.Aplc (MD) No.94 of 2021
S.M.SUBRAMANIAM, J.
and
R.KALAIMATHI, J.
krk
Rev.Aplc (MD) No.94 of 2021
and
C.M.P.(MD) No.8058 of 2021
03.11.2023
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https://www.mhc.tn.gov.in/judis
