TAMILNADU UNIFORMED SERVICES RECRUITMENT BOARD Vs. K MAHESWARI

JUDGEMENT

(1.) THE present writ petitions have been filed by the secretary to the Government of Tamil Nadu in Home Department and the Chairman of the Tamil Nadu Uniformed Services Recruitment Board against the common order dated 20. 12. 2000 passed by the Tamil Nadu Administrative Tribunal in a batch of original Applications filed by the present contesting respondents and many others. Under the said impugned order, the Tribunal has issued a direction to the present petitioners to issue orders of appointment, subject to verification of the antecedents of the candidates.

(2.) THE facts giving rise to the present writ petitions are as follows :- For convenience, the writ petitioners are referred to as the Government and the applicants who had filed the Original Applications before the Tribunal seeking employment are referred to as the candidates. THE Government issued Notification dated 15. 3. 1998 inviting applications for filling up 5,032 vacancies to the post of Women police Constable Selection Grade-II. As per the prescribed procedure, the candidates are required to undergo various qualifying tests. As per such procedure, candidates who have requisite educational and age eligibility, would be considered for height measurement test and if they qualified in such height measurement test, they will be allowed to participate in physical efficiency test and those who qualify in physical efficiency test would be permitted to sit in the written test and the candidates who qualify in the written test, would be called for the interview and thereafter who qualify in the interview, would be subjected to medical examination. For physical efficiency 45 marks, for written test 40 marks and for interview 15 marks had been allotted. Out of 45 marks for physical efficiency test, 15 marks are allotted for running, 15 marks for Long Jump and 15 marks for throwing. As per the norms, a candidate is required to undertake a test in throwing short-put/cricket ball, running 100 metres/200 metres within a particular time span and long-jump upto a particular minimum distance. In the present case, we are concerned only with 100 metres running. For 100 metres running, it has been prescribed that the candidates who run within 16. 5 seconds, would be given one star (5 marks); those who complete within 15. 5 seconds, would be given two stars (10 marks) and those who complete within 14. 5 seconds, would be given three stars (15 marks ). A candidate in order to qualify in the physical efficiency test, is required to pass each test, such as throwing, running, jumping, with minimum one star. Recruitment tests were conducted in 11 centres including dindigul. On completion of the physical efficiency test between 25. 10. 1999 and 29. 10. 1999, candidates who had qualified by securing the requisite marks in the three physical efficiency tests, namely throwing, running and jumping, were allowed to appear in the written test on 10. 11. 1999 and thereafter, successful candidates were interviewed on 20. 11. 1999 and thereafter successful candidates were subjected to medical test on 18. 2. 2000. However, after completion of the above said process, the Government decided to hold a second running test for the successful candidates from Dindigul centre. Accordingly, De novo physical efficiency test in 100 metres running event was conducted on 19. 6. 2000 in the presence of the Inspector General of Police and the Member Secretary of the selection Board and some other high ranking officers. On the basis of such De novo 100 metres running race, 41 candidates were declared to have secured the minimum required marks and orders of rejection were issued in respect of the other candidates. Many of those candidates who did not obtain the minimum qualifying marks in the 100 metres running filed various Original Applications before the Administrative Tribunal. THE Administrative Tribunal, under the impugned order, came to the conclusion that there was no basis for subjecting the candidates to a second running test and accordingly, issued a direction for giving employment to the applicants before the Tribunal. This order is being impugned in the present writ petition.

(3.) IN the present writ petitions, it has been contended on behalf of the Government that since unusually high percentage of candidates, including three pregnant ladies, had secured full marks in 100 metres running, the Board had every justification to ask for a second running test in respect of those candidates who had succeeded. It is further contended that at any rate, since the candidates willingly participated in the second running test, it is not open for them to contend after participating in the second running test that there was no justification for such a test and this vital aspect has been lost sight of by the Tribunal. It is further contended that the ratio of the decision reported in 1994 (5) SCC 663 (UNION OF INDIA AND OTHERS v. ANAND kumar PANDEY & OTHERS) is also applicable to the present case.