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2021 Supreme(Online)(MAD) 40614

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2021 CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.15781 of 2021 and W.M.P.(MD) No.12714 of 2021 N.Manimegalai ... Petitioner -vs-

1.Chairman / Director General of Police Tamil Nadu Uniformed Services Recruitment Board Old Commissioner of Police Office Campus Pantheon Road Egmore, Chennai-8

2.The Member Secretary /

Additional Director General of Police Old Commissioner of Police Office Campus Pantheon Road, Egmore, Chennai-8 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records in pursuant to the impugned disqualification slip dated 10.08.2021 issued by the respondents in connection with petitioner's enrollment No.7003823 in recruitment for the post of Grade-II Police Constable (Men, Women and Transgender), Grade-II Jail Warder (Men & Women) and Fireman for the year 2020 and quash the same and direct the respondents to declare petitioner as qualified candidate.

For Petitioner : Mr.Karunanithi.M.

For Respondents : Mr.Veera.Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Government Counsel

O R D E R

The prayer in this writ petition is for issuance of a writ of certiorarified mandamus to quash the disqualification slip, dated 10.08.2021, issued by the respondents and to direct the respondents to declare the petitioner as a qualified candidate.

2. According to the petitioner, she has completed Tenth Standard.

The respondent Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) issued Notification No.1/2020, dated 17.09.2020, inviting applications through online mode from 26.09.2020 for the common recruitment to the posts of Grade-II Constable, Grade-II Jail Warder and Fireman. The petitioner applied for the said recruitment and she was assigned with Enrol. No.

7003826. The petitioner participated in the written examination and successfully passed in the written examination as well as in the physical measurement test. However, in the Physical Education Test, the petitioner was issued with the impugned order disqualifying her on the ground that she took 18.7 seconds to complete the task of 100 Meter running test.

Challenging the same, the petitioner has filed the present writ petition.

3. Further, according to the petitioner, she has completed the task in 17 seconds, however, the officials manually recorded the running time, due to which, the impugned disqualification slip came to be issued. Even though the petitioner approached the Appellate Authority seeking to verify the running time, the same has not been considered.

4. The second respondent has filed a counter affidavit stating that the candidates, who were qualified in the written test, were allowed to participate in the Physical Measurement Test / Endurance / Physical Efficiency Test / Certificate Verification. It is further stated in the counter affidavit that TNUSRB conducted Physical Measurement Test / Endurance Test / Physical Efficiency Test at 20 Centres from 26.07.2021 onwards and a Sub Committee comprising of the following officials was constituted at each Centre in order to ensure that the recruitment process is conducted in a fair and unbiased manner:

Chairperson SP/DC/Commandant
Members (5) ADSP 1
DSP 2
Jail Superintendent / Additional Superintendent / Jailor 1
District Fire Officer / Deputy Director (Fire Department) 1

5. With regard to the norms for the Physical Efficiency Test for open candidates, it is stated in the counter affidavit as follows: “(I) PHYSICAL EFFICIENCY TEST : Total marks for PET is 15.

The details of Physical Efficiency Test are as follows:

(II) Women and Transgender candidates:

Sl.No. Events One Star (2 Marks) Two Stars (5 Marks)
1. Long jump 3.0 metres 3.75 metres
2. Shortput (or) Cricket ball throw 4.25 metres 4.25 metres 5.50 metres
17 metres 17 metres 24 metres
3. 100 mts run (or) 200 mts run 100 mts run 17.50 seconds 15.50 seconds
200 mts run 38.00 seconds 33.00 seconds
i. Women / Transgender will be given 3 chances for long jump, Shot-

Put throw / Cricket ball throw event. The highest score attained in the given three chances will be considered for qualification.

ii. Only one chance will be given to the candidates in 100 metres / 200 metres run.”

6. It is further stated in the counter affidavit that the petitioner appeared for the Physical Efficiency Test in Trichy Centre on 10.08.2021. In batch No.35, there were six candidates, including the petitioner and all the candidates, except the petitioner, were qualified. Since the petitioner completed the task in 18.7 seconds as against 17.50 seconds, she is not qualified and hence, prayed for dismissal of the writ petition.

7. Heard the learned counsel on either side and carefully perused the materials available on record.

8. The respondents have produced the coding sheet before this Court. On perusal of the coding sheet, it is seen that on 10.08.2021, in Batch No.35 at Trichy Centre, six candidates, including the petitioner, were participated and the petitioner has taken 18.7 seconds to complete the task of 100 meter running event. It

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