Tamil Nadu - Madurai   

Court exempts ex-serviceman from taking physical tests

MADURAI: The Madras High Court has exempted an ex-serviceman from participating in the physical measurement, endurance and efficiency tests for filling up the post of police constable (Grade II).

A Division Bench comprising Justice F.M. Ibrahim Kalifulla and Justice S. Palanivelu at the Madurai Bench said that it would be “travesty of justice,” if the ex-serviceman, who had served the Army for 17 years, was not allowed to benefit from the exemption provided under Clause II (a) of the recruitment notification.

The writ appellant, P. Chenthilkumar, said that the notification permitted former drivers, auto mechanics and armourers in the Indian Army to directly participate in the written test without going through the preliminary tests.

Yet, the Tamil Nadu Uniformed Services Recruitment Board rejected his candidature for not meeting the minimum height of 168 centimetres.

A single judge of the court, on June 11, dismissed a writ petition filed by the ex-serviceman on the ground that the petitioner could not approach the court after participating in the physical measurement test.

It was also observed that the petitioner ought to have challenged the rule fixing minimum height.

However, speaking for the Bench, Justice Kalifulla said that a perusal of the trade proficiency certificate issued by the Commanding Officer showed that the appellant was a qualified electrical fitter.

Besides, he had undergone a course equivalent to mechanical courses offered by the National Council of Training for Vocational Trade.

“Hence, it is abundantly clear that the appellant falls within the category of Auto Mechanic/Auto Electrician of the notification…

We, therefore, do not find any justification at all in the rejection of the appellant’s claim,” the Division Bench said.

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