BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20/10/2010
CORAM
THE HONOURABLE MR.JUSTICE K.CHANDRU
W.P.(MD)No.12728 of 2010
W.P.(MD)No. 12752 of 2010
W.P.(MD)No.12758 of 2010
W.P.(MD)No.12799 of 2010
W.P.(MD)No.12825 of 2010
and
M.P.(MD)Nos.1,1,2,1,2,1 and 1 of 2010
W.P.(MD)No.12728/2010
M.Navaneetha Raj ... Petitioner
vs
1.The Chairman,
Tamil Nadu Uniformed Services
Recruitment Board,
No.807, P.T.Lee Chengalvaraya
Naickar Maaligai,
Annasalai,
Chennai-2.
2.The Chairman/Member,
Sub Committee,
Tamil Nadu Uniformed Service
Recruitment Board, Madurai Centre,
Madurai District. ... Respondents
W.P.(MD)No.12752/2010
E.Vellaithurai ... Petitioner
vs.
1.The Chairman,
Tamil Nadu Uniformed Services,
Recruitment Board,
807, 2nd Floor, Anna Salai,
Chennai-2.
2.The Chairman,
Sub-Committee,
Thoothukudi Centre,
Tamil Nadu Uniformed Services
Recruitment Board,
807, 2nd Floor, Anna Salai,
Chennai-2. ... Respondents
W.P.(MD)No.12758/2010
A.Hajura Begam ... Petitioner
vs.
1.Tamil Nadu Uniformed Services,
Recruitment Board,
Represented by its Chairman,
Chennai-600 002.
2.The Director General of Police,
Beach Road,
Chennai-600 004. ... Respondents
W.P.(MD)No.12799/2010
M.Murugan ... Petitioner
vs.
1.The Chairman,
Tamil Nadu Uniformed Services
Recruitment Board,
807, II Floor, Anna Salai,
Chennai-600 002.
2.The Chairman/Member,
Sub Committee,
The Tamil Nadu Uniformed Services
Recruitment Board,
807, II Floor, Anna Salai,
Chennai-600 002. ... Respondents
W.P.(MD)No.12825/2010
M.Vasuki ... Petitioner
vs.
Tamil Nadu Uniformed Services,
Recruitment Board through its
Chairman/Member Board,
Sub Committee,
Madurai Centre ... Respondent
PRAYER in W.P.(MD)No.12728/2010
Writ Petition is filed under Article 226 of
the Constitution of India praying for the issuance of a Writ of Certiorarified
Mandamus, to call for the records relating to the first respondent impugned
letter vide R.C.No.R1/1900/2010, dated 06.10.2010 and quash the same and
consequently, direct the respondents to subject the petitioner for re-measuring
the height by qualified person and allow the petitioner to participate in the
other events if the re-measurement satisfies the requirement.
PRAYER in W.P.(MD)No.12752/2010
Writ Petition is filed under Article 226 of
the Constitution of India praying for the issuance of a Writ of Certiorarified
Mandamus, to call for the records relating to the order passed by the second
respondent vide R.C.No.R1/1900/2010, dated 04.10.2010 and quash the same as
illegal and consequentially direct the respondents to conduct physical
measurement test to the petitioner afresh by a qualified Physical Director.
PRAYER in W.P.(MD)No.12758/2010
Writ Petition is filed under Article 226 of
the Constitution of India praying for the issuance of a Writ of Certiorarified
Mandamus, to call for the records in connection with the impugned order in
R.C.No.R1/1900/2010 dated 08.10.2010 on the file of the first respondent and
quash the same as illegal and direct the respondents to re-measure the height
and allow the petitioner to participate in the further course of selection
process and consequently, to appoint the petitioner in the post of Grade-II
Police Constables (Men and Women), Grade-II Jail Warders (Men & Women) and
firemen if found fit, in the recruitment of 10112, pursuant to the advertisement
No.210.
PRAYER in W.P.(MD)No.12799/2010
Writ Petition is filed under Article 226 of
the Constitution of India praying for the issuance of a Writ of Certiorarified
Mandamus, to call for the records on the file of the second respondent in
pursuant to the impugned order passed by him in his proceedings
Rc.No.R1/1900/2010, dated 04.10.2010 and quash the same as illegal and arbitrary
and consequently, direct the respondents to conduct physical measurement test
(height) to the petitioner afresh by a qualified Physical Director for
appointment to the post of Grade II Police Constable for the year 2010.
PRAYER in W.P.(MD)No.12825/2010
Writ Petition is filed under Article 226 of
the Constitution of India praying for the issuance of a Writ of Mandamus, to
direct the respondent to conduct a fresh test in respect of the height of the
petitioner for TNUSRB-combined Recruitment of 10112 Gr.II Police Constables (Men
& Women) Gr.II. Jail Warders (Men & Women) and firemen-2010.
W.P.(MD)No.12728/2010
For Petitioner ... Mr.J.Jawahar
For Respondents ... Mr.S.C.Herold Singh
Government Advocate
W.P.(MD)No.12752/2010
For Petitioner ... Mr.I.Suthakaran
For Respondents ... Mr.S.C.Herold Singh
Government Advocate
W.P.(MD)No.12782/2010
For Petitioner ... Mr.D.Anbarasu
For Respondents ... Mr.S.C.Herold Singh
Government Advocate
W.P.(MD)No.12799/2010
For Petitioner ... Mr.G.Thalaimutharasu
For Respondents ... Mr.S.C.Herold Singh
Government Advocate
W.P.(MD)No.12825/2010
For Petitioner ... M/s.Selvi A.Hafiza
For Respondent ... Mr.S.C.Herold Singh
Government Advocate
******
:COMMON ORDER
*******
Mr.S.C.Herold Singh, learned Government Advocate, takes notice on
behalf of the respondents in all the Writ Petitions. By consent of both sides,
these Writ Petitions are taken up for final disposal.
2. Heard the learned counsel appearing for the petitioners and the
learned Government Advocate appearing for the respondents.
3. In these Writ Petitions, the grievance of the petitioners was
that when they went for selection for the post of Grade-II Police Constable,
they were not found fit. In some cases, the height of the petitioners was not
commensurate with the prescribed qualification. In some cases, the candidates
did not have the chest measurement as per the stipulation either in the normal
circumstances or after the expansion due to heavy breathing.
4. The petitioners contended that the respondents, who did the
physical measurement, did not do so and they have been wrongly failed by the
authorities. Even while the selection process is not completed, they have rushed
to this Court.
5. When the Writ Petitions came up for hearing on 13.10.2010, these
matters were grouped together and this Court, without admitting the Writ
Petitions, by a common interim order, gave the following direction as found in
paragraph Nos.5 and 6 of the order:-
“5. In these facts and circumstances, as it is uniformly submitted
by all the petitioners before this Court that the petitioners have been
arbitrarily rejected for want of height and chest measurements as against their
original height and chest measurements, this Court following the order passed by
this Court in W.P.(MD)No.10759 of 2010 mentioned supra, directs the second
respondent to depute one police officer not below the rank of Sub-Inspector of
Police to once again re-measure the height and chest measurements of the
candidates in the presence of the Registrar (Judicial), Madurai Bench of Madras
High Court, Madurai, in his room on 19.10.2010 and thereafter, the Registrar
(Judicial) of this Court is directed to report the measurements of all the
petitioners to this Court on 20.10.2010.
6. The learned Government Advocate, appearing for the respondents
requests this Court to fix the date for the above said measurement of the
candidates on 19.10.2010 so that the proper intimation will also be sent to the
concerned candidates who filed their writ petitions before this Court.
Accordingly, the respective counsels are directed to inform the petitioners
concerned for their measurement to be taken in the presence of the Registrar
(Judicial) on 19.10.2010.”
6. Pursuant to the direction issued by this Court, the respondents
deputed an officer for the purpose of measuring the height/chest of the
candidates, as the case may be, in the presence of the Registrar (Judicial) and
the Registrar (Judicial) submitted a report to this Court, containing the
details of the height/chest measurement of the candidates, as the case may be,
which reads as follows:-
Writ Petition Name of the Measurement
Number petitioners [height]
W.P.(MD)No.12728/2010 Mr.M.Navaneetharaj 170 cms
W.P.(MD)No.12758/2010 Ms.A.Hajura Begam 159.5 cms
W.P.(MD)No.12799/2010 Mr.M.Murugan 167.2 cms
W.P.(MD)No.12825/2010 Ms.M.Vasuki 159 cms
CHEST MEASUREMENT
Writ Petition Name of the Normal Expanded difference
Number petitioner (Expiration) (Inspiration)
Position Position
W.P.(MD)No.
12752/2010 Mr.E.Vellaithurai 89 cms 94 cms 5 cms
7. Faced with the findings given in the report, the learned
Government Advocate was unable to contradict the same. The learned learned
Government Advocate also states that the selection process has come to an end on
15.10.2010.
8. In view of the fact that in the second exercise done before the
Officer of this Court, the petitioners were successful in demonstrating that
they had the requisite height/chest measurement, as the case may be, it must be
stated that the authorities must be directed to consider the case of these
candidates. It is needless to state that the petitioners have qualified
themselves in their physical fitness and their cases must be considered, if they
are otherwise found successful in other tests.
9. In the light of the above, a direction is issued to the
respondents to consider the case of the petitioners as being physically fit for
being considered for the post of Grade-II Police Constable. However, the
petitioners will have to qualify themselves in the other tests, in which, they
must satisfy the authorities about their eligibility.
10. With the above direction, the Writ Petitions stand disposed of.
Consequently, the connected miscellaneous petitions are closed. No costs.
SML
To
1.The Chairman,
Tamil Nadu Uniformed Services
Recruitment Board,
No.807, P.T.Lee Chengalvaraya
Naickar Maaligai,
Annasalai,
Chennai-2.
2.The Chairman/Member,
Sub Committee,
Tamil Nadu Uniformed Service
Recruitment Board, Madurai Centre,
Madurai District.
3.The Chairman,
Sub-Committee,
Thoothukudi Centre,
Tamil Nadu Uniformed Services
Recruitment Board,
807, 2nd Floor, Anna Salai,
Chennai-2.
4.The Director General of Police,
Beach Road,
Chennai-600 004.
5.The Chairman/Member,
Sub Committee,
The Tamil Nadu Uniformed Services
Recruitment Board,
807, II Floor, Anna Salai,
Chennai-600 002.
6.The Chairman/Member Board,
Tamil Nadu Uniformed Services,
Recruitment Board
Sub Committee,
Madurai Centre