LAWS(MAD)-2010-12-448

R ELAYARAJA Vs. DIRECTOR GENERAL OF POLICE

Decided On December 23, 2010
R Elayaraja Appellant
V/S
DIRECTOR GENERAL OF POLICE Respondents

JUDGEMENT

(1.) This writ appeal is directed against the order passed in W.P.(MD)No.12882 of 200, dated 21.10.2010 by the learned single Judge dismissing the prayer of the appellant.

(2.) The appellant herein applied to the post of Police Constable Grade II in the Tamil Nadu Uniformed Services Recruitment Board, pursuant to the applications called for by the first respondent herein for the year 2009-2010. The appellant appeared in the physical efficiency test held on 7.10.2010 and he had also participated in the chest expansion test, the condition is that the candidate should expand 5 cm of his chest. The appellant had expanded his chest 89 to 92 cm under the pressure. But normally, the appellant having the capacity of expanding the chest to 5 cm. But the appellant was found unfit by the authorities and was disqualified on that ground. Hence he has not allowed to participate in the other physical tests. Hence, he filed a writ petition in W.P.(MD)No.12882 of 2010 for a writ of Mandamus, to direct the first respondent to conduct a fresh physical efficiency test for the petitioner and for a consequential direction, directing the first respondent to consider the appointment of the petitioner as Grade II Police Constable after fulfilling all the formalities.

(3.) During the pendency of the writ petition, the learned single Judge has given an interim direction for re-measurement of the chest expansion of the petitioner in the presence of Registrar (Judicial) of this Court. As per the interim direction of the learned single Judge, re-measurement was taken in the presence of Registrar (Judicial). When the re-measurement was taken, it was found that the breadth of the chest on normal condition was 88.5 cms and on expansion 96 cms.