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Judgment
K. Chandru, J.—Mr. S.C. Herold Singh, learned Government Advocate, takes notice on behalf of the respondents in all the Writ Petitions.
By consent of both sides, these Writ Petitions are taken up for final disposal.
Heard the learned Counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents.
In these Writ Petitions, the grievance of the petitioners was that when they went for selection for the post of Grade-II Police Constable, they
were not found fit. In some cases, the height of the petitioners was not commensurate with the prescribed qualification. In some cases, the
candidates did not have the chest measurement as per the stipulation either in the normal circumstances or after the expansion due to heavy
breathing.
The petitioners contended that the respondents, who did the physical measurement, did not do so and they have been wrongly failed by the
authorities. Even while the selection process is not completed, they have rushed to this Court.
When the Writ Petitions came up for hearing on 13.10.2010, these matters were grouped together and this Court, without admitting the Writ
Petitions, by a common interim order, gave the following direction as found in paragraph Nos. 5 and 6 of the order:
In these facts and circumstances, as it is uniformly submitted by all the petitioners before this Court that the petitioners have been arbitrarily
rejected for want of height and chest measurements as against their original height and chest measurements, this Court following the order passed
by this Court in W.P.(MD) No. 10759 of 2010 mentioned supra, directs the second respondent to depute one police officer not below the rank of
Sub-Inspector of Police to once again re-measure the height and chest measurements of the candidates in the presence of the Registrar (Judicial),
Madurai Bench of Madras High Court, Madurai, in his room on 19.10.2010 and thereafter, the Registrar (Judicial) of this Court is directed to
report the measurements of all the petitioners to this Court on 20.10.2010.
The learned Government Advocate, appearing for the respondents requests this Court to fix the date for the above said measurement of the
candidates on 19.10.2010 so that the proper intimation will also be sent to the concerned candidates who filed their writ petitions before this
Court. Accordingly, the respective counsels are directed to inform the petitioners concerned for their measurement to be taken in the presence of
the Registrar (Judicial) on 19.10.2010.
Pursuant to the direction issued by this Court, the respondents deputed an officer for the purpose of measuring the height/chest of the
candidates, as the case may be, in the presence of the Registrar (Judicial) and the Registrar (Judicial) submitted a report to this Court, containing
the details of the height/chest measurement of the candidates, as the case may be, which reads as follows:
Writ Petition Number Name of the petitioners Measurement [height]
W.P.(MD)No.12728/2010 Mr. M. Navaneetharaj 170 cms
W.P.(MD)No.12758/2010 Ms. A. HajuraBegam 159.5 cms
W.P.(MD)No.12799/2010 Mr. M. Murugan 167.2 cms
W.P.(MD)No.12825/2010 Ms. M. Vasuki 159 cms
CHEST MEASUREMENT
Writ Petition Number Name of the petitioner Normal Expand ed difference
(Expirati on) (Inspiration)
Position Position
W.P.(MD)No.12752/ 2010Mr.E.Vellaithurai 89 cms 94 cms 5 cms
Faced with the findings given in the report, the learned Government Advocate was unable to contradict the same. The learned Government
Advocate also states that the selection process has come to an end on 15.10.2010.
In view of the fact that in the second exercise done before the Officer of this Court, the petitioners were successful in demonstrating that they
had the requisite height/chest measurement, as the case may be, it must be stated that the authorities must be directed to consider the case of these
candidates. It is needless to state that the petitioners have qualified themselves in their physical fitness and their cases must be considered, if they
are otherwise found successful in other tests.
In the light of the above, a direction is issued to the respondents to consider the case of the petitioners as being physically fit for being
considered for the post of Grade-II Police Constable. However, the petitioners will have to qualify themselves in the other tests, in which, they
must satisfy the authorities about their eligibility.
With the above direction, the Writ Petitions stand disposed of. Consequently, the connected miscellaneous petitions are closed. No costs.