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2018 DIGILAW 4071 (MAD)

Poovandharaj v. Chairman, Sub-Committee, Tamil Nadu Uniformed Services Recruitment Board, Chennai

2018-11-02

S.VAIDYANATHAN

body2018
ORDER : Since the issue involved in all these writ petitions is one and the same, they are taken up together for final disposal. For the sake of brevity, the facts are being taken up from W.P.(MD) No.19235 of 2018, in which, the petitioner seeks to quash the impugned disqualification slip vide C.No.R2/5474/2018 dated 03.090.2018 on the file of the 1st respondent in connection with the Common Recruitment for the post of Gr.II Police Constable (Men, Women & Transgender), Gr.II Jail Warder (Men & Women) and Fireman for the year 2017-18 with the consequential direction to the respondents to conduct re-measurement of the petitioner's chest and proceed with the further selection process. Brief Facts: 2. The case of the petitioners is that pursuant to the notification for the common recruitment for the post of Grade II Police Constables (Men)/Grade II Jail Warders (Men) and Firemen for the year 2017-2018, applications were called for and the petitioners also applied for the same. According to them, all of them have participated in the physical test and some of them were allowed to participate in the endurance test apart from sports. The candidatures of the petitioners stood rejected for the lack of height, chest measurement (5cm expansion and above) and for their failure in long jump and rope climbing. 2.1. The grievance of the petitioners is that there was no proper measurement with regard to height and that the physical measurement done by the respondents was not in order and that the entire measurement of height will have to give a go-by and the Sub Committee will have to conduct the whole exercise afresh and in case of incorrect verification, they must be given an opportunity to make appeal to the Deputy Inspector General of Police/Appellate Authority. 2.2. The other contention of some of the petitioners is that the chest measurement was not done properly, as the expansion of chest was radically reduced, thereby depriving the chances of recruitment. With regard to rope climbing, it was stated by some of the petitioners that after clearing the height, chest measurement and long jump tests, they participated in the rope climbing and though they had satisfied the requirement of above 5 mtrs., they have not been selected. 2.3. With regard to rope climbing, it was stated by some of the petitioners that after clearing the height, chest measurement and long jump tests, they participated in the rope climbing and though they had satisfied the requirement of above 5 mtrs., they have not been selected. 2.3. With regard to long jump, the petitioners, who have failed in the said test, have stated that there was no proper marking to measure the distance of long jump and the required metres of 3-8 have not been measured property with tape. Therefore, it was submitted that the rejection of their candidates on the ground of not clearing the required length is totally unwarranted. That apart, they have not been given another chance to go before the Appellate Authority and they have to be considered for further recruitment process. 2.4. According to the petitioners, in terms of G.O.Ms.No.842 dated 19.11.2014, close marking has got to be rounded off so that they will fulfill the required norms and pursuant to improper verification of height and chest measurement, a Division Bench of this Court in the case of R.Elayaraja vs. The Director General of Police, Chennai [W.A.(MD) No.955 of 2010] decided on 23.12.2010, had directed the respondents to re-do the entire exercises under the supervision of the Registrar (Judicial) and subsequently, it was found that the petitioner therein got selected and hence, the same principle has got to be applied and in that process, any lapses on the part of the respondents with regard to receuitment process would be rectified. 3. Though the respondents have filed a counter affidavit in W.P.(MD) No.19235 of 2018, common argument has been advanced. The case of the respondents is that pursuant to the notification fixing the last date of receipt of applications as 27.01.2018, as many as 3,26,561 applications have been received and all the eligible candidates have been called for written test on 11.03.2018 and the results were declared on 11.08.2018. The candidates at the ratio of 1:5 were called for to appear for the physical measurement and endurance tests as per which, 33,233 candidates were qualified in those tests as on date. 3.1. It was further stated in the counter affidavit that the entire selection process has been duly videographed to avoid unnecessary allegations against the respondents. The candidates at the ratio of 1:5 were called for to appear for the physical measurement and endurance tests as per which, 33,233 candidates were qualified in those tests as on date. 3.1. It was further stated in the counter affidavit that the entire selection process has been duly videographed to avoid unnecessary allegations against the respondents. According to the respondents, a candidate will have to satisfy the height of 170cm in case of General Category and 167cm insofar as Scheduled Caste Community is concerned. Similarly, with regard a woman candidate falling under General Category, the required height is 159cm, whereas the required height for Scheduled Caste woman candidate is only 157cm. It was also stated in the counter that the chest measurement should be minimum of 81cm and that the expansion should be at least not less than 5cms. 3.2. The stand taken in the counter was that in case of any grievance expressed by the candidates in respect of measurement of height and chest, appeal remedy is provided to them. The physical verification with regard to height and chest was done by the Sub Committee under the supervision of Deputy Superintendent of Police and in the Appeal Committee, it was proceeded by the Deputy Inspector General of Police and in some cases, with regard to height, digital measurement was also done. 3.3. It was further averred that with regard to sports category, there was no second opportunity given, as the same was conducted by the Expert Committee, in which the respondents have no role to play in the selection process and therefore, there was no appeal remedy with regard to sports. 4. Learned counsel for the petitioners in chorus have submitted that the respondents have conducted all the tests in one stretch without giving time for the candidates to refresh themselves and the Hon'ble First Bench of this Court, while considering the said issue in the case of Manimegalai vs. The Chairman, Sub Committee, Madras [W.P.No.30265 of 2015] decided on 03.11.2015, has been pleased to hold as follows: “4. We are in agreement with the plea advanced by the learned counsel for the petitioner that the petitioner is entitled to indulgence in the present case on account of having qualified 3 out of 4 events and not achieving the timing in the fourth test by 1.31 seconds only on account of the fact that without giving her any rest in between, she was made to undergo all the tests in a total of 44 minutes. The respondent ought to have given a reasonable time break and the tests could have gone on a little longer. 5. It is not possible now to have a re-test and thus, we hold that the petitioner is eligible for declaration of her result depending on her merit.” By relying upon the judgment, referred to supra, it was reiterated by the learned counsel for the petitioners that the same yardstick should be followed in the present selection also, as the petitioners/candidates were not given breathing time to take up the other tasks undergo and they were asked to perform the tests one after the other without any break in-between. 5. Learned Additional Advocate General appearing for the respondents would submit that due procedures were followed in the matter of rounding up of height measurement for those who all short fall of the required height for physical measurement test and in that process, the level of 0.8 and above were rounded off to the next higher level. He further contended that there was no personal vengeance or bias alleged against any of the Committees and that the entire procedures would amply prove the fact that the candidates have been disqualified on account of their non-fulfilment of norms, such as, height, chest measurement, long jump and rope climbing and therefore, there is no interference warranted by this Court in all these matters. If the date is rescheduled for each and every case, it will create a bad precedent so as to induce other disqualified candidates to knock at the doors of this Court with such request and it will stall the entire selection process. Therefore, it is prayed that these petitions are devoid of merits and the same are liable to be dismissed. 6. Heard the learned counsel for the petitioners and also the Additional Advocate General appearing for the respondents. This Court also perused the material documents available on record. 7. Therefore, it is prayed that these petitions are devoid of merits and the same are liable to be dismissed. 6. Heard the learned counsel for the petitioners and also the Additional Advocate General appearing for the respondents. This Court also perused the material documents available on record. 7. It is seen that a notification dated 28.12.2017 was issued calling for applications from the eligible candidates to fill up the post of Grade II Police Constables (Men)/Grade II Jail Warders (Men) and Firemen for the year 2017-2018, by fixing the last date of receipt of applications as 27.01.2018. Out of 3,26,561 applications received, 7,790 candidates were found qualified in the physical test and it is the grievance of the petitioners that the tests in respect of height, chest measurement, long jump and rope climbing were not conducted in a proper manner. 8. To ascertain as to whether there was any irregularity in the conduct of selection process, I have personally gone through the C.Ds. produced by the respondents in respect of the petitioners, in which it was found that they have not qualified in the height, chest expansion measurement, long jump and rope climbing tests. It was also submitted by the respondents that the failed candidates were given one more opportunity to go before the Appellate Authority to prove their skills and as per their request, digital measurement was also conducted. 9. Though it was contended on the side of the petitioners that digital measurement was not conducted in a proper manner, a close view of the videograph would reveal that in some of the cases, the petitioners have not satisfied the requirement in terms of the instruction manual. With regard to the sports activity, namely, rope climbing, the Committee has decided to give only one chance and similarly, insofar as long jump is concerned, all the candidates availed two chances and many of them have fowled in one jump and even in another jump, they could not clear the minimum distance of 3.8mtrs for Men and 3mtrs for Women candidates. 10. The entire pleadings of the petitioners proceeded on the basis that the exercise done by the respondents regarding selection process is erroneous. 10. The entire pleadings of the petitioners proceeded on the basis that the exercise done by the respondents regarding selection process is erroneous. Since it was pointed out that there was some mistake with regard to some of the candidates, who have been earlier, viz., in the previous years got selected in height and chest measurement and other activities, in the interest of justice, permission was granted to re-do the exercise, pursuant to which, several candidates have properly availed the second chance and have come out successful and rest of them were not selected. 11. The video clippings would clearly show that there is no error on the part of the respondents to purposely deprive the selection of a candidate. In order to avoid unnecessary allegations, videograph was ordered to be done by the authorities. If the contention of the petitioners is accepted, whenever there is a selection for Uniformed Services, the High Court, instead of exercising its judicial work, will be forced to concentrate on administrative work by deputing its staff members for completion of the selection process. The very fact, that many of the candidates have been selected and some of them have not been selected for want of fulfilment of requirements in terms of instruction manual, would amply unfold that the entire selection process was in accordance with the procedures, guidelines and instruction manual. Of course, this Court can give its helping hand to candidates, who have not been selected, in case the selection process was found to be illegal, smacking victimization and colourable exercise of power. 12. Though most of the petitioners/candidates have come with a plea that they may be given yet another chance, such plea cannot be adhered to in view of the fact that in the event of granting a third chance to a candidate, who was again disqualified, there may be chances of aggrieved candidates to prefer appeal, requesting to grant 4th chance, thereby the entire selection process will turn into an eternal process. The purpose of selection process is to provide one or two more fair and reasonable opportunity and not several opportunities. 13. The purpose of selection process is to provide one or two more fair and reasonable opportunity and not several opportunities. 13. A reading of the averments put forth by the petitioners would disclose that their main intention is to stall the selection process and it seen that several persons have applied for the Uniformed Services against vacancies shown by the respondents and all the candidates cannot be selected and definitely, one or more persons will have grievances. The candidates, who have come out successful in all tests cannot be deprived in order satisfy the candidates, who have not fulfilled the norms. 14. Police Force is a constituted body of persons empowered by a State to enforce the law, to protect people and property, and to prevent crime and civil disorder. Their powers include the power of arrest and the legitimized use of force. The term is most commonly associated with police services of a Sovereign State that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from military or other organizations involved in the defense of the state against foreign aggressors. Law enforcement is only part of policing activity. Policing has included an array of activities in different situations, but the predominant ones are concerned with the preservation of order. 15. It is pertinent to mention here that whenever there is a selection for Uniformed Services, which is also called as a disciplined force, as far as possible, the dispute should be minimized with regard to selection and if a candidate joins duty after several struggles, he cannot execute his work to the fullest satisfaction of his/her superiors. 16. Considering the overall facts and circumstances of the case, this Court finds that there is no malafide act or illegality on the part of the respondents so as warrant interference by this Court and hence, the relief sought for by the petitioners cannot be granted at any costs. 17. In fine, all these writ petitions fail and the same are dismissed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. However, it is made clear that wherever writ petitioners are selected, their candidatures need not be disturbed. 18. Before parting with the case, this Court would like to say that changing the face can change nothing, but facing the change can change everything. No costs. Consequently, connected miscellaneous petitions are closed. However, it is made clear that wherever writ petitioners are selected, their candidatures need not be disturbed. 18. Before parting with the case, this Court would like to say that changing the face can change nothing, but facing the change can change everything. This Court, while wishing them successful in the next selection, emphasizes that luck is yours and wishes are mine. Let your bright future always shine. Good Luck.