High Court · 2024

W.P.No.34492 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :12.03.2024 CORAM : THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.34492 of 2023W.M.P.No.34398 of 2023S.Karthik ...Petitioner-Vs-1.The Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai – 600 008.2.The Chairman, Sub-Committee, Armed Reserve Ground, Old Court Road, Thanjavur-613 001. ...RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus direction to the respondents to rounding off the 400 meter running event and to award the necessary mark and to direct the respondents to permit the petitioner (Enrollment No.3800074) to participate in the next stage of selection. 1/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 2023For petitioner : Mr.S.SivakumarFor respondent 1: Mr.P.Kumaresan, Additional Advocate General Assisted by Mrs.D.Sowmi Dattan, Standing Counsel ORDER This Writ petition has been filed for direction to the respondents to round off 400 meter running event and award necessary mark and permit the petitioners to participate in the next stage of selection process to the post of Sub Inspector of Police. 2. The petitioner applied for the post of Sub-Inspector of Police as per the notification dated 05.05.2023 issued by the 2nd respondent thereby calling upon applications from the eligible candidates for the appointment to the post of Sub Inspector of Police (Taluk, AR & TSP) in TamilNadu Police Subordinate Service for the year 2023. The petitioner was issued with Hall ticket for the written Examination and in the Written Examination he scored 2/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 202357.50 marks. He was qualified to appear for the Physical Test on 07.11.2023. On 07.11.2023 certificates of the petitioner were verified and he participated in the 1500 meter running. Thereafter, on 08.11.2023, he was directed to appear for physical efficiency test. In which the petitioner was successfully came out in Rope Climbing, Long jump. They further participated in 400 meters running, wherein the petitioner was completed the 400 meter running within the stipulated time i.e., 69.21 (1:09:21 Seconds). However, the 2nd respondent mentioned the timing as 70.06 (1:10:06). Therefore, he was awarded only one star and two marks. Therefore, the petitioner was submitted detailed representation to the authorities concerned to permit the petitioner to participate in the next stage of selection to the post of Sub-Inspector of Police. 3. The learned counsel for the petitioner submitted that even in fraction of seconds can be rounded off as 70.06 and the petitioner should have been awarded two stars and five marks. He also relied upon the judgment of the Hon'ble Division Bench of this Court in W.P.No.31080 of 2015 dated 07.10.2015 and the Hon'ble Court held that since the time is 3/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 2023recorded manually through a stop watch which requires the thumb pressing the button, the principle of rounding off a fraction must be applied. It is not a case of a fraction being rounded off for purposes of determination of a place in the race, but only to determine whether the candidates qualifies. The learned counsel for the petitioner also produced the video footage of the petitioners 400 meter running race. 4. The learned Additional Advocate General filed counter and submitted that the petitioner along with five other candidates were participated in the 400 meter race. The petitioner had completed the 400 meter race with running time of 70.06 and awarded one star two marks. Further, the petitioner with Chest No.168 had completed 400 meter race in 70.06 seconds. As per the stipulated norms he qualified the said test with one star i.e., two marks. He secured with 57.50 marks in the written test and 12 marks in the physical tests and totally he secured 69.50 marks. 4/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 20234.1. He further submitted that each candidates was monitored with one time keeper with stop watch. Accordingly, the petitioner had completed his 400 meter running race within 70.06 seconds. Further, the Hon'ble Division Bench of this Court held that running is only for determination of qualification of candidates. Therefore, it cannot be taken for other purposes and not for selection to the post of Sub Inspector of Police. 5. This Court had seen the Videograph produced by the petitioner and found that there was time keeper for each candidates. The petitioner was given Chest No.168. Chest No.167 was just running in front of the petitioner and he had completed 400 meter running within 70.00 seconds. The petitioner was running just behind the candidate having Chest No.168 and the petitioner had completed his 400 meter running race within 70.06 seconds. Though, the petitioner had crossed 70 seconds he was awarded one star with two marks. As per the rules, he has completed his 400 meter running within 70.06 seconds. Further, the petitioner is now claiming the benefit from the Digital Clock which was fixed adjacent to the running lap sheet. The timing of the running event of each of the candidates was 5/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 2023calculated using stop watch by sports officials assigned to each of the candidates. The digital stop watch was fixed only to encourage the candidates to run fast and complete the running race within stipulated time. At that time, those persons were allowed to run for 400 meter race in which each candidates was acknowledged by one time keeper with stop watch. Therefore, the Digital Clock which was fixed adjacent to the running lapse cannot be considered for fixing the time for each candidate on completion of their 400 meter running race. 6. Further, on perusal of the event register of 400 meter running event the candidates were participated in the running event was alloted with chest number. In which, the petitioner alloted with Chest No.168 as stated supra. The petitioner was just running behind the Chest No.167. The Chest No.167 was awarded 70.00 seconds. Whereas the petitioner running just behind Chest No.167 had taken time 70.06 seconds. Therefore, the judgement relied upon by the learned counsel for the petitioner is not applicable to the case on hand. 6/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 20237. Therefore, the claim of the petitioner cannot be considered. This writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 12.03.2024 (1/2) Index : Yes/NoSpeaking/Non Speaking OrderNeutral Citation : Yes/Nogvn7/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 2023G.K.ILANTHIRAIYAN,J. gvnTo1.The Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai – 600 008.2.The Chairman, Sub-Committee, Armed Reserve Ground, Old Court Road, Thanjavur-613 001. W.P.No.34492 of 202312.03.2024 (1/2)8/8

W.P.No.34492 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :12.03.2024 CORAM : THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.34492 of 2023W.M.P.No.34398 of 2023S.Karthik ...Petitioner-Vs-1.The Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai – 600 008.2.The Chairman, Sub-Committee, Armed Reserve Ground, Old Court Road, Thanjavur-613 001. ...RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus direction to the respondents to rounding off the 400 meter running event and to award the necessary mark and to direct the respondents to permit the petitioner (Enrollment No.3800074) to participate in the next stage of selection. 1/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 2023For petitioner : Mr.S.SivakumarFor respondent 1: Mr.P.Kumaresan, Additional Advocate General Assisted by Mrs.D.Sowmi Dattan, Standing Counsel ORDER This Writ petition has been filed for direction to the respondents to round off 400 meter running event and award necessary mark and permit the petitioners to participate in the next stage of selection process to the post of Sub Inspector of Police. 2. The petitioner applied for the post of Sub-Inspector of Police as per the notification dated 05.05.2023 issued by the 2nd respondent thereby calling upon applications from the eligible candidates for the appointment to the post of Sub Inspector of Police (Taluk, AR & TSP) in TamilNadu Police Subordinate Service for the year 2023. The petitioner was issued with Hall ticket for the written Examination and in the Written Examination he scored 2/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 202357.50 marks. He was qualified to appear for the Physical Test on 07.11.2023. On 07.11.2023 certificates of the petitioner were verified and he participated in the 1500 meter running. Thereafter, on 08.11.2023, he was directed to appear for physical efficiency test. In which the petitioner was successfully came out in Rope Climbing, Long jump. They further participated in 400 meters running, wherein the petitioner was completed the 400 meter running within the stipulated time i.e., 69.21 (1:09:21 Seconds). However, the 2nd respondent mentioned the timing as 70.06 (1:10:06). Therefore, he was awarded only one star and two marks. Therefore, the petitioner was submitted detailed representation to the authorities concerned to permit the petitioner to participate in the next stage of selection to the post of Sub-Inspector of Police. 3. The learned counsel for the petitioner submitted that even in fraction of seconds can be rounded off as 70.06 and the petitioner should have been awarded two stars and five marks. He also relied upon the judgment of the Hon'ble Division Bench of this Court in W.P.No.31080 of 2015 dated 07.10.2015 and the Hon'ble Court held that since the time is 3/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 2023recorded manually through a stop watch which requires the thumb pressing the button, the principle of rounding off a fraction must be applied. It is not a case of a fraction being rounded off for purposes of determination of a place in the race, but only to determine whether the candidates qualifies. The learned counsel for the petitioner also produced the video footage of the petitioners 400 meter running race. 4. The learned Additional Advocate General filed counter and submitted that the petitioner along with five other candidates were participated in the 400 meter race. The petitioner had completed the 400 meter race with running time of 70.06 and awarded one star two marks. Further, the petitioner with Chest No.168 had completed 400 meter race in 70.06 seconds. As per the stipulated norms he qualified the said test with one star i.e., two marks. He secured with 57.50 marks in the written test and 12 marks in the physical tests and totally he secured 69.50 marks. 4/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 20234.1. He further submitted that each candidates was monitored with one time keeper with stop watch. Accordingly, the petitioner had completed his 400 meter running race within 70.06 seconds. Further, the Hon'ble Division Bench of this Court held that running is only for determination of qualification of candidates. Therefore, it cannot be taken for other purposes and not for selection to the post of Sub Inspector of Police. 5. This Court had seen the Videograph produced by the petitioner and found that there was time keeper for each candidates. The petitioner was given Chest No.168. Chest No.167 was just running in front of the petitioner and he had completed 400 meter running within 70.00 seconds. The petitioner was running just behind the candidate having Chest No.168 and the petitioner had completed his 400 meter running race within 70.06 seconds. Though, the petitioner had crossed 70 seconds he was awarded one star with two marks. As per the rules, he has completed his 400 meter running within 70.06 seconds. Further, the petitioner is now claiming the benefit from the Digital Clock which was fixed adjacent to the running lap sheet. The timing of the running event of each of the candidates was 5/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 2023calculated using stop watch by sports officials assigned to each of the candidates. The digital stop watch was fixed only to encourage the candidates to run fast and complete the running race within stipulated time. At that time, those persons were allowed to run for 400 meter race in which each candidates was acknowledged by one time keeper with stop watch. Therefore, the Digital Clock which was fixed adjacent to the running lapse cannot be considered for fixing the time for each candidate on completion of their 400 meter running race. 6. Further, on perusal of the event register of 400 meter running event the candidates were participated in the running event was alloted with chest number. In which, the petitioner alloted with Chest No.168 as stated supra. The petitioner was just running behind the Chest No.167. The Chest No.167 was awarded 70.00 seconds. Whereas the petitioner running just behind Chest No.167 had taken time 70.06 seconds. Therefore, the judgement relied upon by the learned counsel for the petitioner is not applicable to the case on hand. 6/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 20237. Therefore, the claim of the petitioner cannot be considered. This writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 12.03.2024 (1/2) Index : Yes/NoSpeaking/Non Speaking OrderNeutral Citation : Yes/Nogvn7/8 https://www.mhc.tn.gov.in/judis W.P.No.34492 of 2023G.K.ILANTHIRAIYAN,J. gvnTo1.The Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai – 600 008.2.The Chairman, Sub-Committee, Armed Reserve Ground, Old Court Road, Thanjavur-613 001. W.P.No.34492 of 202312.03.2024 (1/2)8/8