A. Raja vs The Chairman/Member Secretary Tamil Nadu Uniformed Services Recruitment Board

V. Dhanapalan, J.—By consent, the Writ Petition is taken up for disposal. Heard Mr. T.K. Gopalan, counsel for the Petitioner and Mr. R.

Manoharan, Government Advocate for the Respondent.

The Petitioner has sought to quash the result in respect of the combined Recruitment of Grade II Police Constables/Gr. II Jail Warders/Fireman

for the year 2010 by the Respondent and for a consequential direction to the Respondent to appoint the Petitioner as Grade II Police Constable.

According to the Petitioner, he applied for combined recruitment of Grade II Police Constables/Grade II Jail Warders/Firemen-2010, for

which, the selection process was consisting of three tests, namely, written, physical and medical test. The Petitioner belongs to the most backward

community. In the written examination, the Petitioner secured 65 marks and thereafter, she was directed to appear before the Committee on

04.10.2010 for physical test and for certificate verification. After verifying the records, the Committee conducted the physical test, namely, height,

weight and chest measurement and the required chest measurement is 81 in normal position and 86 in expanded position. The Petitioner''s chest

measurement is 83 - 88 and hence the Committee directed the Petitioner to appear on 10.10.2010 to participate in the other tests. Therefore, the

Petitioner appeared and passed in all events by securing 15 marks and 6 stars. Thus, the Petitioner has secured 80 marks and he is eligible and

expected to be selected for the post of Grade II Constable. But, in the result published, the marks secured in the physical efficiency test has not

been mentioned in the final status and by omitting 15 marks, only 65 marks reflected in the result. Having secured the necessary marks and other

eligibility, the Petitioner has not been selected for the post of Grade II Constable and therefore, the Petitioner has made a representation on

23.11.2010 to the Respondent regarding the non-inclusion of the marks obtained in the physical efficiency test. Therefore, questioning the result

published by the Respondent, the Petitioner has moved this Court.

The Respondent has filed a counter, wherein, it is stated that the Petitioner applied for the combined recruitment of Grade II Police Constables

(M&W)/Grade II Jail Warders (M&W) /Firemen for the year 2010 and his application number is 2400044. In the selection process, 80 marks

has been granted for written test, 15 marks for physical efficiency test and 5 special marks for possession of NCC, NSS and Sports Certificate. In

the written test, the Petitioner secured 65 marks. In the selection process, those who have been secured 35 marks will be eligible for the physical

efficiency test and reservation is provided as per the rules and regulations is 1:5 ratio, i.e. for one vacancy five candidates have to be called for

interview. Since the Petitioner has secured the required cut off marks in the written test, he was called for certificate verification, physical

measurement test, endurance test and physical efficiency test.

It is further stated by the Respondent that for physical measurement test, the Petitioner''s chest was measured as 80 cms in normal position and

88 cms in expanded position. Since his normal chest measurement was less than the prescribed measurement of 81 cms, he ought to have been

disqualified by the authorities. But erroneously, the sub committee without noticing his disqualification during physical measurement test has allowed

the Petitioner to undergo the further selection process. Thereafter, the OMR sheet was sent to the Respondent and in turn, the Board in

proceedings in Rc. No. R1/1900/2010 dated 16.11.2010 passed orders by disqualifying the Petitioner and therefore, the Petitioner was not

selected for the said post. It is further stated that the entire selection process is over and the claim of the Petitioner cannot be considered at this

stage. With the above contentions, the Respondent prays for the dismissal of the writ petition.

The Petitioner has filed an additional affidavit by enclosing a Certificate of physical fitness issued by Dr. M. George, Civil Surgeon, Government

Rajaji Hospital, Madurai. In the additional affidavit, the Petitioner has stated that he appeared before the Committee on 04.10.2010 for physical

test and for certificate verification and it is stated that mistake was committed by the sub committee in measuring the chest measurement. But,

according to the Petitioner, his normal chest measurement is 83 cms in normal position and 88 cms in expanded position. In order to substantiate

the same, the Petitioner appeared before the Civil Surgeon, Government Rajaji Hospital, Madurai on 06.10.2010 for physical fitness. The said

surgeon measured the Petitioner''s chest measurement in normal and expanded position and to that effect, he issued a Certificate as the

measurement of the Petitioner''s chest in normal position is 83 cms and 88 cms in expanded position. The said Certificate has also been produced

before this Court.

The learned Counsel for the Petitioner in his submissions consistently stated that the Petitioner''s chest measurement in normal position is 83 cms

and the same was also certified by the Civil Surgeon of the Government Rajaji Hospital, Madurai, who is the competent person to give such a

Certificate. Therefore, the same has to be taken into account. since the sub committee''s opinion and measurement shown are appeared to be not

correct. He further stated that if the minimum measurement is taken as 83 cms, the Petitioner is found to be eligible for the post of Grade II Police

Constable. Therefore, if the case of the Civil Surgeon is taken into account and if the Petitioner is allowed to go before the Superintendent of

Police for re-measurement, then he may get the eligibility and based on which, his selection may be done.

On the other hand, the learned Government Advocate would submit that the Committee is constituted for the purpose of measurement of the

physical efficiency test and they found that the chest measurement of the Petitioner in normal position is 80 cms only and therefore, he was not

selected.

I have heard the learned Counsel on either side and perused the material documents annexed in the typed set of papers.

Admittedly, the Petitioner applied for the post of Grade II Police Constables/Grade II Tamil Nadu Special Police, Jail Warders and Firemen

under the recruitment for the year 2010. He passed the written test by securing 65 marks and his application number is 2400044. Subsequently, he

was called for Certificate verification and in the physical efficiency test, he was awarded 15 marks and six stars, but he has not been selected, since

the minimum measurement of chest comes to 80 cms only as against the prescribed measurement of 81 cms and on expanded position 88 cms. It

is seen that the Committee has opined that the chest measurement of the Petitioner is 80 cms as against the prescribed measurement of 81 cms.

However, the Certificate given by the Civil Surgeon, Government Rajaji Hospital, Madurai, has to be taken into account. In the said Certificate,

the normal position of the chest measurement is 83 cms, which is more than the prescribed measurement.

In view of the above and also considering the facts and circumstances of the case, the Writ Petition is disposed of with the following direction:

The Petitioner is directed to go before the Respondent herein, namely, the Chairman/Principal Secretary of the Tamil Nadu Uniformed Services

Recruitment Board, Chennai, within a period of one week from the date of receipt of a copy of this order and if the Petitioner approaches, the

Respondent herein is directed to send the Petitioner for re-measurement before the Sub Committee, headed by the Deputy Inspector General of

Police, Madurai Range, within a period of one week thereafter. In the said measurement, if the Petitioner is found fit, the Respondent herein is

directed to re-consider the decision and pass appropriate orders, within a period of two weeks in respect of the claim of the Petitioner for the

selection to the post of Grade II Police Constable.

With the above discussions and observations, this Writ Petition is disposed of and consequently, the connected Miscellaneous Petition is closed.

No costs.