WP/9721/2026 of M.Surendiran Vs UNION OF INDIA on 22 September 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the order of the Central Administrative Tribunal, Chennai Bench dated 16.02.2026 passed in O.A.Nos.77 and 150 of 2026.

2. The original applicants before the CAT are the writ petitioners before this Court. Application was filed to declare the action of the 3rd respondent disqualifying the applicants in Stage-I (100 meters run) of the Physical Endurance Test conducted in recruitment to the post of Sub-Inspector of Police in pursuance to the recruitment notification dated 12.08.2025 as illegal and arbitrary. Consequential relief sought is to direct the respondents to permit the applicants to undergo a fresh physical endurance test by adopting a fully electronic and scientifically accurate timing mechanism.

3. This Court heard the matter elaborately.

4. The only contention of the learned counsel for the petitioners is that disqualification of the agency was not considered by this Court on earlier occasion, when the similar matter was dealt with.

5. However Special Government Pleader (Puducherry) would oppose by stating that issues were taken into consideration and that the disqualification of the particular agency not connected with the subject recruitment.

6. May that as it be, perusal of the earlier order of the Division Bench of this Court dated 20.02.2026 passed in W.P.No.6616 and 6824 of 2026 would show that all the issues were elaborately considered in respect of the very same recruitment for appointment to the post of Sub- Inspector of police. Writ Court had considered all the issues and made a finding as follows,

“….

11. It is also to be pointed out that in the counter, it had been stated that 3324 male candidates had participated in the 100 metres run and out of them, 2088 persons qualified and 1146 persons were disqualified. This would also indicate that the petitioners had not been singled out for disqualification, but were part of a larger number of candidates who had similarly failed to complete the 100 metres run within the stipulated time. With respect to the female candidates, 797 female candidates had participated in the 100 metres run, out of which, 99 female candidates qualified and 698 female candidates were disqualified. These are records available with the respondents and there is no reason to doubt the correctness of the same. Only a few of the candidates who had been so disqualified had approached the Tribunal without producing any records that they had filed an appeal in accordance with the procedure adopted, particularly since it is the case of the respondents that 188 candidates who had been similarly disqualified had taken recourse to the appellate procedure and appeals had been taken on record and appropriate orders had been passed in them.

12. The learned counsel for the petitioners then widened the scope of arguments, though there were no averments made either in the affidavit filed in support of the writ petition or before the Tribunal that the tenderer who had conducted the test had been disqualified by an other Union Territory. We must state that there are no available records regarding the said allegation. But however, the timings were recorded by the Agency with the assistance of the micro chip being fixed to the legs of each one of the candidates which recorded the timing from start to end. The timings had been given for the writ petitioners in W.P.No.6616 of 2026. A perusal of the same shows that the timing had been accurate to the 100th of a milli second.

13. It is also to be noted that though such representation was made, the agency had not even been named and had not been impleaded as a party to the writ petition. This Court cannot pass any order adverse to a party who is not before the Court. The allegations cannot be examined by this Court or taken as affirmed.

14. It is also to be noted that the notifications are very clear on the manner in which the Physical Endurance Test is to be conducted. It had been specifically stated that those who stood disqualified in the 100 metres run would not be permitted to move forward to participate in the long jump, high jump and 800 metres run. The petitioners failed to qualify in the 100 metres run and naturally they stood disqualified. The petitioners were among the 1146 male candidates and 698 female candidates similarly disqualified.

15. We hold that the petitioners have not made out a case that they have been singled out to be disqualified by the respondents. We are unable to uphold the contentions of malafide raised on behalf of the petitioners. The writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are also closed.”

7. Adding to the above reasons, in the present case, petitioners have not even preferred an appeal on the spot as contemplated under the recruitment notification.

8. In any event, issues in respect of the very same recruitment was considered elaborately by the Division Bench of this Court. Further, following the very same order, another Division Bench of this Court also passed final order on 29.07.2026 in W.P.No.7764 of 2026. That being so, the said orders are to be followed for deciding the present writ petition.

9. Accordingly, impugned order dated 16.02.2026 passed in O.A.Nos.77 and 150 of 2026 stands confirmed and the present writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD

To

1. Union Of India, Rep. by its Secretary (Home), Government of Puducherry, Puducherry - 605 001

2. The Director General of Police, Police Department Government of Puducherry Puducherry - 605 001

3. The Senior Superintendent of Police (HQ) Police Department Government of Puducherry Puducherry - 605 001

4. The Superintendent of Police (HQ) Police Department Government of Puducherry Puducherry - 605 001

5. The Special Officer (Police), Police Department, Puducherry-605001

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WP No. 9721 of 2026 22-09-2026