In a writ petition challenging the disqualification from an Armed Reserve Games 100-meter event, the Madurai Bench of the Madras High Court dismissed the petition for lack of merit, noting the petitioner could not identify other selected participants to establish selection bias.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2017
CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.(MD)No.15874 of 2017
and W.M.P.(MD)No.12549 & 12550 of 2017
P.Suriya Prabha : Petitioner Vs. 1.The District General of Police, Dr.Radha Krishnan Slai, Chennai.
The Tamil Nadu Uniformed Services,
Recruitment Board,
Old Commissioner of Police Office Campus, Panthean Road, Dindigul District.
3.The Chairman / Member, Sub Committee, Dindigul Centre, Armed Reserve Ground, Seelampatti, Dindigul District.
Office of the Superintendent, Andipatti, Theni District. : Respondents
PRAYER: 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 of the third respondent in proceedings No.C.No.R2/150/2017 dated 05.08.2017 and quash the same and consequently directing the respondent to declare the petitioner namely P.Suriya Prabha (Enrollment Number 7700228) as succeed in the 100 meter running event conducted on 05.08.2017 by the third respondent at Armed Reserve Ground, Seelampatti, Dindigul District.
For Petitioner : Mrs.A.M.Renuka For Respondents : Mr.B.Pugazhendhi Additional Advocate General Assisted by Mr.A.K.Baskara Pandian, Special Government Pleader.
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O R D E R
By consent of both sides, this writ petition itself is taken up for final disposal.
2.The petitioner, who has come to this Court belatedly, with the present writ petition questioning the correctness of the impugned order dated 05.08.2017, in and by which, the petitioner was found disqualified in 100 meter running test, on the ground that she had taken 18.20 seconds to complete the task as against 17.5 seconds.
3.The learned counsel appearing for the petitioner would submit that some of the participants who ran behind the petitioner were selected and it shows that the respondents have deliberately disqualified the petitioner indicating that she had taken 18.20 seconds.
4.When I posed a question to the learned counsel appearing for the petitioner as to who are the selected candidates, who ran behind the petitioner on 05.08.2017, to my dismay, the learned counsel for the petitioner is unable to give any reply. Even the affidavit filed by the petitioner does not show the names of the selected candidates, who are said to have run behind the petitioner. Therefore, this Court is unable to find any merit in the writ petition.
5.Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar(crl side)
/True copy/
Sub Assistant Registrar
To
1.The District General of Police,
Dr.Radha Krishnan Slai, Chennai.
2.The Chairman,
The Tamil Nadu Uniformed Services,
Recruitment Board,
Old Commissioner of Police Office Campus, Panthean Road, Dindigul District.
3.The Chairman / Member, Sub Committee, Dindigul Centre,
https://hcservices.ecourts.gov.in/hcservices/ Armed Reserve Ground, Seelampatti, Dindigul District.
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4.The Superintendent of Police, Office of the Superintendent, Andipatti, Theni District.
W.P.(MD)No.15874 of 2017
23.08.2017
MR/MRN
KK/KP/SAR 3/21.09.2017/ 3P- 7C
1 issue framed by the court
Whether the petitioner's dismissal from a 100 meter running test due to a marginal time difference was arbitrary.
P. Suriya Prabha
The District General of Police, Dr. Radha Krishnan Slai, Chennai
The Chairman, The Tamil Nadu Uniformed Services, Recruitment Board, Old Commissioner of Police Office Campus, Panthean Road, Dindigul District
The Chairman / Member, Sub Committee, Dindigul Centre, Armed Reserve Ground, Seelampatti, Dindigul District
The Superintendent of Police, Office of the Superintendent, Andipatti, Theni District
T.Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
