W.A(MD)No.299 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

and

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

W.A(MD)No.299 of 2023

and

C.M.P(MD)Nos.3396, 3397 and 3399 of 2023

N.Varatharaj ... Appellant/Writ petitioner

-vs-

1.The Member Secretary,

Tamil Nadu Uniformed Service Recruitment Board,

Old Commissioner of Police Office Campus,

Pantheon Road, Egmore,

Chennai – 600 008.

2.The Chairman/Member,

Recruitment Sub-Comittee,

Tamil Nadu Uniformed Service Recruitment Board,

Old Commissioner of Police Office Campus,

Pantheon Road, Egmore,

Chennai – 600 008. ... Respondents/Respondents

PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order

dated 14.02.2023 passed in W.P(MD)No.2911 of 2023.

For Appellant

:

Mr.P.Saravanakumar

For Respondents : Mr.Veera Kathiravan,

Additional Advocate General, assisted by,

Mr.S.P.Maharajan,

Special Government Pleader

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W.A(MD)No.299 of 2023

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 14.02.2023

made in W.P(MD)No.2911 of 2023, the appellant/writ petitioner has filed

this writ appeal.

2. The appellant/writ petitioner, who was disqualified in the

selection process for a Police Constable on the ground that he did not

possess the prescribed height, challenged the said disqualification before

the Writ Court. The main ground of challenge was that the writ petitioner

taken part in the earlier selection process where his height was measured

at 170.2 Cms., by scale and 169.8 Cms., by machine. Therefore, he was

allowed to go the next level of selection where he unfortunately failed. In

the present selection process, the petitioner's height was found to be

169.1 Cms. The writ petitioner would contend that since he had qualified

on the physical measurements on the earlier occasion, denial of

opportunity to him on the ground that he did not have the required height

is flawed.

3. Mr.Veera Kathiravan, learned Additional Advocate General, would

submit that earlier it was manual measurement. Now a days,

measurement is taken manually and in the event of appeal, there is digital

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W.A(MD)No.299 of 2023

measurement. Therefore, the same cannot be questioned. He would also

rely upon a judgment of the Full Bench of this Court in A.Parthiban and

Others vs. Tamil Nadu Uniformed Services Recruitment Board, Rep.

by its Chairman(DGP) and Ohers, wherein the Full Bench had an

occasion to deal with the issue and the Full Bench had finally concluded

that if the height and other measurement is taken through digital mode,

the same will have to be accepted. The Writ Court, after referring to the

Full Bench decision, has refused to interfere with the order impugned in

the writ petition. We do not think that the Writ Court can be faulted for

such approach.

4. The writ appeal fails and it is accordingly dismissed.

No Costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.]

17.03.2023

NCC

:Yes/No

Index :Yes/No

PM

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W.A(MD)No.299 of 2023

To:

1.The Member Secretary,

Tamil Nadu Uniformed Service Recruitment Board,

Old Commissioner of Police Office Campus,

Pantheon Road, Egmore, Chennai – 600 008.

2.The Chairman/Member,

Recruitment Sub-Comittee,

Tamil Nadu Uniformed Service Recruitment Board,

Old Commissioner of Police Office Campus,

Pantheon Road, Egmore,

Chennai – 600 008.

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W.A(MD)No.299 of 2023

R.SUBRAMANIAN

, J.

and

L.VICTORIA GOWRI