S.Krishnamoorthy v. Chairman / Director General of Police,

ORDER (Order of the Court was made by R.SUBRAMANIAN, J.) Review is sought for on the ground that there was a defect in the stop clock which was used to calculate the running time. The petitioner was not selected since he could not complete running 400 meters within 70 seconds as required by the rules. The petitioner challenged his non selection. The Writ Court dismissed the writ petition on the ground that it cannot go into the nicieties or the technicalities of selection. The said order was challenged in W.A(MD)No.1575 of 2021. The Division Bench relying upon the judgment of the Full Bench in W.A.No.8 of 2020 etc., batch dated

29.01.2020 [A.Parthiban and others vs. Tamil Nadu Uniformed Services Recruitment Board and another], on the question of selection, dismissed the appeal observing that a Writ under Article 226 for correcting every error may not ordinarily be maintainable when it involves factual disputes. However, an exception was carved out in cases where there is a patent factual error resulting in violation of legal or fundamental rights.

¶2The petitioner now wants to review the judgment on the ground that he has calculated his running time in another clock which shows that he has completed 400 meters in 69.95 seconds.

¶3We do not think we could accept the said contention. Several candidates took part in the physical tests on the said date and the same stop clock was used for all of them. Therefore, using a different stop clock and concluding that the petitioner has completed 400 meters running within 70 seconds will be prejudicial to the other candidates. Merely because the petitioner is not selected or the petitioner could not complete running of 400 meters in 70 seconds, it will not enable him to challenge the conclusion by recording the same events by using a different stop clock. We, therefore, do not find any merit in the review petition. The review petition fails and it is accordingly dismissed. No costs. (R.SUBRAMANIAN, J.) & (K.MURALI SHANKAR, J.)

16.06.2023 NCC : Yes / No

Index : Yes / No

Internet : Yes bala

To

¶1Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-8.

¶2The Member Secretary/Additional Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-8. REV.APLC(MD)No.31eofe2023

R.SUBRAMANIAN , J. and

K.MURALI SHANKAR , J. balagg DATED : 16.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023 CORAM : THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE K.MURALI SHANKAR in W.A(MD)No.1575 of 2021 S.Krishnamoorthy ... Petitioner vs. 1. Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-8. 2. The Member Secretary/Additional Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai-8. ... Respondents PRAYER : Review Application filed under Order 47 Rule 1 read with Section 114 of the Civil Procedure Code, to review the judgment made in W.A(MD)No.1575 of 2021 dated 13.08.2021. For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.Veera Kathiravan Additional Advocate General