THIRUMURUGAN Vs. TAMIL NADU UNIFORM SERVICE RECRUITMENT BOARD

JUDGEMENT

(1.) This appeal is filed against the order passed by the learned Single Judge of this Court in W.P.(MD)No.7136 of 2021, dated 26.04.2021, filed by the appellant/petitioner herein against the respondent to issue writ of Mandamus, to call for the proceedings of respondent, in C.No.R2/860/2019, set aside the same and direct the respondent to re-conduct the physical efficiency test (PET) for him as per his representation, dated 18.03.2021.

(2.) According to the appellant/petitioner, he is a B.E., graduate as well as sports person and has participated in Kabbadi, long distance running etc. The respondent called for applications for recruitment of Sub-Inspector of Police in the year 2019 for Taluk Armed Reserve and Tamil Nadu Special Police Cadre. The appellant/petitioner applied for the said post and participated in the written examination held on 12.01.2020 and secured 52 marks out of 70. The respondent directed the appellant/petitioner to appear for physical measurement and physical endurance test at Rajarathinam Stadium, Chennai, on 01.10.2020. The appellant/petitioner was successful in both the tests. The respondent fixed the date of Physical Efficiency Test on 14.10.2020. The appellant/petitioner while training at his native place, suffered injury on his right leg on 12.10.2020 and he was examined by the Doctor P.Palanivel Rajan, M.S.(Ortho), specialist in Arthroscopic Surgery and Sports Medicine. He found that the appellant/petitioner suffered injury on his right leg-Gastrocnemius Muscle and Peroneus Longus and advised him to take bed rest for four weeks. The appellant/petitioner did not want to miss out the chance in participating the test and participated in the test conducted on 14.10.2020. The appellant/petitioner was successful in 6 meter rope climbing test and due to the injury he suffered on 12.10.2020, his right leg was not able to withstand and strain of the long jump and therefore, in all the three chances, he was foul play. The appellant/petitioner explained the situation to the person in-charge, the same was not considered and the impugned disqualification slip was issued on the same day, by the proceedings in C.No.R2/860/2019.

(3.) Aggrieved by the said proceedings, the appellant/petitioner filed writ petition in W.P.(MD)No.7136 of 2021. In support of his case, the appellant/writ petitioner relied on the order of this Court in W.P.(MD)No. 14177 of 2020, dated 20.01.2021(G.Vinoth Vs. The Chairman, Sub Committee, TNUSRB) and the relevant paragraphs are extracted hereunder: