A candidate rejected as Constable for being 169.7 cms against the 170 cms height requirement bypassed the same-day appellate remedy and filed a belated writ petition with only a private doctor's report. The court held the delay and failure to appeal barred relief.
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.23101 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD) No.23101 of 2019 and
W.M.P.(MD) Nos.19831 & 19832 of 2019
Antonymonisan
... Petitioner
-vs-
1.The Union of India rep.by Home Secretary Ministry of Home Affairs North Block, New Delhi-110 001
Central Reserve Police Force Block No.1, CGO Complex Lodhi Road, New Delhi-110 003
3.The Chairman Staff Selection Commission CGO Complex Lodhi Road, New Delhi
4.The Regional Director (Southern Region) Staff Selection Commission 2nd Floor, EVK Sampath Buildings DPI Campus, College Road
Chennai-6
Page 1 of 8
W.P.(MD) No.23101 of 2019
5.The Special Director General of Police South Zone, CRPF Chandrayangutti Korkogiri, Hydrabad (TS)-500 005
6.The Presiding Officer Recruitment, ITBP Madurai 45th Bn ITBP (near Velli Malai Murugan Temple) Idayapatty Village South Amoor Post Madurai District
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records from the file of 6th respondent pertaining to the rejection slip dated 06.09.2019 issued to the petitioner bearing Roll.No.8207011604 and quash the same and further directed to conduct re-physical Efficiency Test(PET) and Physical Standard Test (PST) relating to the height of the petitioner's measurement in par with the notice bearing No.F.No.3/2/2017-P and P-I of 3rd respondent (SSC).
For Petitioner : Mr.A.Nister Hakkeem For Respondents : Mr.C.Nandagopal Senior Panel Central Government Standing Counsel
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O R D E R
W.P.(MD) No.23101 of 2019
This writ petition has been filed challenging the rejection slip issued by the sixth respondent, dated 06.09.2019, rejecting the petitioner's candidature for the post of Constable, on the ground that he has not satisfied the height requirement for the said post.
2. As per the eligibility criteria, the height requirement to be satisfied for the said post is 170 cms. However, as seen from the impugned rejection slip, the petitioner's height, on examination, was found to be only 169.7 cms. Under the impugned rejection slip dated 06.09.2019, the petitioner has been informed that if he is aggrieved by the impugned rejection slip, he has a right to prefer an appeal before the appellate authority on the same day and it has been made clear that the decision of the appellate authority will be final and no further representation will be accepted / entertained. Instead of preferring an appeal before the appellate authority, the petitioner has filed this writ petition before this Court only on 31.10.2019 after a lapse of more than a month from the date of issuance of the impugned rejection slip, which is dated 06.09.2019.
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W.P.(MD) No.23101 of 2019
3. The respondents have filed a counter affidavit before this Court categorically reiterating that the petitioner's height, on examination, was found to be 169.7 cms., though the eligibility fixed is 170 cms.
4. Though the petitioner may contend that his height is 170 cms., based on the documents produced by him in this writ petition, the said contention cannot be accepted by this Court for the following reasons:
(a) If the petitioner was aggrieved by the impugned rejection slip dated 06.09.2019, he ought to have preferred an appeal, as stipulated in the impugned rejection slip, before the appellate authority on the very same day.
(b) When the impugned rejection slip has informed the petitioner that his remedy is to file an appeal, in normal circumstances, he ought to have preferred an appeal before the appellate authority, if he is aggrieved by the impugned rejection slip.
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(d)
W.P.(MD) No.23101 of 2019
is dated 06.09.2019, came to be issued. This writ petition was filed only on 31.10.2019 i.e., after a lapse of more than a month from the date when the impugned rejection slip was issued to the petitioner.
The petitioner has relied upon the Doctor's report to show that his height was 170 cms., and therefore, he is eligible to be selected for the post of Constable. However, the said report is not an independent report. When the respondents have categorically stated that only after physical examination, the petitioner's height was found to be 169.7 cms., and that too when the petitioner did not challenge the impugned rejection slip immediately either before this Court or by filing an appeal, as directed in the impugned rejection slip, the question of entertaining this writ petition, at this belated stage after a lapse of nearly six years from the date when the recruitment process started for the post of Constable does not arise.
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W.P.(MD) No.23101 of 2019
5. For the foregoing reasons, this Court does not find any merit in this writ petition.
6. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
08.09.2025
(1/3) NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
To: 1.The Home Secretary, Ministry of Home Affairs, Union of India, North Block, New Delhi-110 001.
2.The Director General, Central Reserve Police Force, Block No.1, CGO Complex, Lodhi Road, New Delhi-110 003.
3.The Chairman, Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi.
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4.The Regional Director, (Southern Region), Staff Selection Commission,
W.P.(MD) No.23101 of 2019
5.The Special Director General of Police, South Zone, CRPF, Chandrayangutti, Korkogiri, Hydrabad (TS)-500 005.
6.The Presiding Officer, Recruitment, ITBP Madurai, 45th Bn ITBP, (near Velli Malai Murugan Temple), Idayapatty Village, South Amoor Post, Madurai District.
Page 7 of 8
W.P.(MD) No.23101 of 2019
ABDUL QUDDHOSE, J.
krk
W.P.(MD) No.23101 of 2019 and W.M.P.(MD) Nos.19831 & 19832 of 2019
08.09.2025
(1/3)
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1 issue framed by the court
Whether a writ petition filed over a month after a PET/PST rejection slip, without availing the same-day appeal remedy, could be entertained.
1 provisions across 1 enactments
Antonymonisan
The Union of India rep.by Home Secretary Ministry of Home Affairs
The Director General, Central Reserve Police Force
The Chairman, Staff Selection Commission
The Regional Director (Southern Region), Staff Selection Commission
The Special Director General of Police, South Zone, CRPF
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
