In this writ appeal, the Madras High Court rejected an appeal challenging the dismissal of a writ petition. The appellant, a police recruit, appealed her disqualification due to height measurements initially showing she was below the required limit.
Writ appeal dismissed, no costs, connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.A.(MD)No.1181 of 2017
and C.M.P.(MD).No.8194 of 2017
A.Manjula : Appellant
Vs.
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore,
Chennai-600 008.
Tamil Nadu Uniformed Services Recruitment Board,
Madurai Centre. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to allow the Writ Appeal and set aside order in W.P.(MD).No.16228 of 2017, dated 29.08.2017, on the file of this Court.
Prayer in WP(MD). 16228/ 2017 :
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 24.08.2017 in C.No. R2/150/2017 passed by the 2nd respondent and quash the same as illegal and consequently direct the respondents to conduct a fresh physical measurement test for the petitioner (Enrolment Number. 7401159) for the Post of Grade II Constable, Grade II Jail Warders and Firemen in the Tamil Nadu Uniformed Services Recruitment Board 2017.
For Petitioner : Mr.R.Venkatesan
For Respondents : Mr.B.Pugalendhi
Additional Advocate General
Assisted by
Mr.A.K.Baskara Pandian Additional Government Pleader
2
JUDGMENT
[Judgment of the Court was made by G.R.SWAMINATHAN, J. ]
This writ appeal is directed against the order dated 29.08.2017, dismissing W.P.(MD).No.16228 of 2017, filed by the appellant herein.
2.The appellant took part in the selection process held for the post of Grade II Police Constable, Grade II Jail Warders and Firemen in the year 2017, conducted by the first respondent Board. The height of the appellant was measured as 158.6 cm and this was below the required height. The appellant was disqualified on the ground that her height was not 159 cm. It was not possible to round off 159 cm, even by applying G.O.(MS).No.60, Home (Pol.IX), dated 22.01.2015 and therefore the writ petition was dismissed.
3.The appellant insisted before this Court that her height was 160 cm and she was qualified to participate in the selection process. Since this Court felt that her case was not properly considered, we called upon the Deputy General of Police, Madurai, to be present before this Court and to measure the height of the appellant. When the height of the appellant was digitally measured, it was 158.4 cm, but, when her height was manually measured with the tape procured from the dispensary, it was seen that her height was 160 cm. In view of the discrepancy, the height of the appellant was measured for the third time in the local office of the first respondent Board. Since the appellant raised certain disputes, the measurement of the height was ordered to be taken in her presence by using the calibrated scale by the officials from the Metrological Department itself.
4.The learned Counsel for the appellant as well as the police officials were present. It was seen that the height of the appellant turned out to 158.7 cm, which is below the qualified height required for the appellant. The learned counsel for the appellant as well as the police officials were satisfied that the appellant did not meet the requisite height level. She was rightly disqualified. There is no merit in this Writ Appeal.
5.The Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar
3
To:
Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai-600 008.
Tsg
AE/KK/SAR1/07.12.2017/3P/3C
Judgment made in W.A.[MD]No.1181 of 2017 and C.M.P.(MD).No.8194 of 2017 08.09.2017
3 issues framed by the court
Whether the appellant can be allowed to qualify when three measurements yielded differing results, some below and one above the qualifying height boundary.
Whether the board was entitled to disqualify the appellant despite a manual measurement showing her height was above the minimum requirement.
Whether the discrepancy in height measurements warrants a re-measurement by the Metrological Department before confirming disqualification.
A.Manjula
The Chairman, Tamil Nadu Uniformed Services Recruitment Board
The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Recruitment Sub-Committee, Madurai Centre
K.K.SASIDHARAN
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
