Writ petition challenging disqualification in rope climbing test was dismissed. The Court held the writ cannot interfere where the candidate failed to utilize given chances or conduct a roving enquiry into factual aspects under Article 226.
None. The Writ Petition and connected miscellaneous petitions were dismissed with no costs.
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.
W.P(MD)No.14599 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2021 CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.14599 of 2021 and
W.M.P.(MD)Nos.11530 & 11531 of 2021
S.Mohan Raja
... Petitioner
Vs.
1.The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai – 8.
2.The Chairman, Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Dindigul. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent's impugned order of Disqualification Slip dated 06.08.2021 and quash the same as illegal and consequently direct the respondents to give second 'option' to participate in the Rope Climbing test and conduct the remeasurement of the petitioner in Rope Climbing Events in ongoing combined recruitment for the post of Grade-II Police Constables (Men, Women and Third Gender), Grade-II Jail Warders (Men & Women) and Firemen for the year 2020 and proceed further in accordance with law.
For Petitioner : Mr.P.Manikandan For Respondents : Mr.Veerakathiravan,
Addl. Advocate General assisted by
Standing Counsel for State.
ORDER
This Writ Petition has been filed challenging the impugned order passed by the second respondent dated 06.08.2021 and for a consequential direction to the respondents to give second option to participate in Rope Climbing test and conduct the remeasurement of the petitioner in Rope Climbing Event in the ongoing combined recruitment for the post of Grade-II Police Constables (Men, Women and Third Gender), Grade-II Jail Warders (Men & Women) and Firemen for the year 2020 and proceed further in accordance with law. https://hcservices.ecourts.gov.in/hcservices/
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W.P(MD)No.14599 of 2021
3 . Counter affidavit has been filed by the first respondent. In the counter affidavit, it is stated that the Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) issued Notification No.1/2020, dated 17.09.2020, inviting applications for common recruitment to the post of Grade-II Constable, Grade II Jail Warders and Firemen, 2020. The last date of submission of application was 26.10.2020. The written examination was held on 13.12.2020. Candidates, who qualified in the written test were allowed to participate in the Physcial Measurement Test/Endurance/Physical Efficiency Test/Certificate Verification. It is further stated in the counter affidavit that the candidates, who have succeeded in the written examination, were called for Physical Measurement Test [PMT] / Endurance Test [ET]. The candidates who qualified in the Physical Measurement Test [PMT] / Endurance Test [ET] were further allowed to attend the Physical Efficiency Test [PET]. The criteria for Physical Efficiency Test, as mentioned in Para 17[A] of the Information Brochure are as follows:
A) PHYSICAL EFFICIENCY TEST: Total marks for PET is 15.
| Sl. | One Star | Two Stars | ||
|---|---|---|---|---|
| No | Events | (2 Marks) | (5 Marks) | |
| 1 | Rope climbing | 5.0 metres | 6.0 metres | |
| 2 | Long Jump (or) |
Long Jump | 3.80 metres |
4.50 metres |
| High Jump | High Jump | 1.20 metres |
1.40 metres | |
| 3 | 100 mts run (or) |
100 mts run | 15.00 seconds |
13.50 seconds |
| 400 mts run | 400 mts run | 80.00 seconds |
70.00 seconds |
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W.P(MD)No.14599 of 2021
| Chairperson | SP/DC/Commandant |
|---|---|
| Members (5) | ADSP -1 |
| DSP-2 | |
| Jail Superintendent/Additional Superintendent/Jailor-1 |
|
| District Fire Officer/Deputy Director (Fire Dept.)-1 |
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W.P(MD)No.14599 of 2021
utilized only one chance. Without utilising the two chances, the petitioner had approached this Court. Hence, the demand of the petitioner to hold retest for the event of rope climbing cannot be conceded with.
“The allegations mentioned in the affidavit are all being factual aspects, the writ Court sitting under article 226, cannot entertain the order. However, the Learned Single Judge, while considering the same issue has observed that the appellant having not been successful in proving his efficiency by coming up to the expectations of the selection committee, cannot come to the court with a complaint that the selection committee has failed to put proper or sufficient powder on the rope. When hundreds of candidates were able to participate in the rope climbing test successfully for the reasons that two of the candidates were not able to be successful in the rope climbing test, the writ Court cannot entertain this allegation not hold any roving enquiry. The very fact that the petitioner having become unsuccessful in the physical efficiency test, cannot challenge the method of conducting the physical efficiency test, however, in our considered view, the Learned Single Judge has considered the same, therefore, we do not find any infirmities in the order. Accordingly, Writ Appeal fails and is dismissed, Consequently, connected Miscellaneous Petition is also dismissed.”
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W.P(MD)No.14599 of 2021
respondent dated 06.08.2021. In fine, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/Assistant Registrar (AE)
// True Copy //
vsm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai – 8. 2.The Chairman, Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Dindigul. +1 CC to M/s.SPL.GP (SR-31212[F] dated 05/10/2021) W.P(MD)No.14599 of 2021 and W.M.P.(MD)Nos.11530 & 11531 of 2021 04.10.2021 KS (CO) GC/JGB(02.11.2021) 5P 4C
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2 issues framed by the court
Whether the High Court should interfere with a disqualification order where the candidate utilized only one of the three chances given in the rope climbing event without approaching the court for a re
Whether the writ Court can conduct a roving enquiry into factual aspects like the sufficiency of the rope powder in a physical efficiency test.
Colour shows how this judgement treated each authority
W.A.(MD)No.792 of 2010Distinguished¶41
S. Mohan Raja
Member Secretary, Tamil Nadu Uniformed Services Recruitment Board
Chairman, Sub Committee, Tamil Nadu Uniformed Services Recruitment Board, Dindigul
D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
