W.A(MD)No.1575 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY

AND

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

W.A(MD)No.1575 of 2021

and

C.M.P(MD)No.6611 of 2021

S.Krishnamoorthy

... Appellant / Petitioner

Vs.

1. The 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,

Tamil Nadu Uniformed Services Recruitment Board,

Old Commissioner of Police Office Campus,

Pantheon Road,

Egmore, Chennai – 8.

... Respondents / Respondents

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent

against the order, dated 06.07.2021 made in W.P(MD)No.1078 of 2021

on the file of this Court.

Prayer in WP(MD). 1078/ 2021 :

Writ Petition is filed under Article 226 of the

Constitution of India, praying this Court S-4. Writ of

Certiorarified Mandamus to call for the records in pursuant to the

impugned memorandum in C.No.L1/8259/2020 dated 05.01.2021 on the

file of Respondents and quash the same as it is illegal and wrong as

I was participating 400 meters running event in PET and directing

the Respondents to properly verify and produce my PET conding sheet

and video footage in respect of 400 meters running event conducted

on 14.10.2020 at Rajarathinam Stadium Chennai and allow me to

participate in the interview for the post of Sub Inspector of Police

(Taluk of Armed Reserve (Men/women/Transgender) and Tamilnadu

Special Police)

For Appellant

: Mr.M.Karthikeya Venkitachalapathy

For Respondents

: Mr.Veera.Kathiravan

Senior Counsel for State Government

for Mr.P.Thilak Kumar

Standing Counsel for Government

1/4

https://hcservices.ecourts.gov.in/hcservices/

W.A(MD)No.1575 of 2021

JUDGMENT

(Judgment of the Court was delivered by

M.DURAISWAMY,J.)

Challenging the order, dated 06.07.2021, passed in W.P(MD)

No.1078 of 2021, the writ petitioner has filed the above Writ

Appeal.

2.The appellant filed the Writ Petition to issue a Writ of

Certiorarified Mandamus, to call for the records pursuant to the

impugned memorandum, dated 05.01.2021 on the file of the respondents

and to quash the same, as it is illegal and wrong as the petitioner

was participating 400 meters running event in PET and directing the

respondents to properly verify and produce the petitioner's PET

coding sheet and video footage in respect of 400 meters running

event conducted on 14.10.2020 at Rajarathinam Stadium, Chennai and

allow the petitioner to participate in the interview for the post of

Sub

Inspector

of

Police

[Taluk

or

Armed

Reserve

(Men/women/Transgender) and Tamil Nadu Special Police (Men)] 2019

under Notification No.2/2019.

3.It is the case of the petitioner that he participated in 400

meters running event and he completed within the time limit and

obtained two stars. The respondents contended that in the Physical

Efficiency Test (PET) and in rope climbing, the appellant obtained

2 stars (5 marks), in long jump, he obtained 1 star (2 marks) and

participated in 400 meters running event and he has completed the

running event in 70.47 seconds and obtained 1 star (2 marks).

In Physical Efficiency Test, he obtained 9 marks and in written

examination, he secured 54.50 marks and in total, he obtained 63.50

marks. Since the petitioner belongs to MBC/DNC, the cut-off mark was

fixed as 64. Since the petitioner had obtained 63.50 marks, he was

not called for interview. The respondents also contended that in the

Video clippings of 400 meters running event, the petitioner had

taken 70.47 seconds to complete 400 meters running event instead of

the stipulated time of 70 seconds to obtain 2 stars.

4.It is pertinent to note that after the completion of the

Phys