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Judgment
17 paragraphs · 779 wordsHarvinder Kaur Oberoi, Member(J)
The applicant was an aspirant to the post of Constable (Exe.) Male and had appeared in recruitment exercise conducted for the year 2023. After qualifying in the written and other tests, he was called for Physical Endurance and Measurement Test (PE&MT) and when his height was measured; the same came out to be less than 170 cm, the required minimum. Candidature of the applicant could not be processed any further. Aggrieved of the same, the applicant has filed the present OA, seeking the following relief:-
“1 To call for the records and quash and set aside the impugned Result of PET/PST conducted on 14 1 2024 where the height of the applicant was measured less than 170 cm
To direct the respondents to constitute and appoint an independent Special Medical Board to conduct measurement of height of the applicant and if his height found to be 170 cm or above process his candidature further for appointment as Constable (Ex) in Delhi Police vide Examination-2023 with all consequential benefits
To consider the applicant as eligible in Recruitment of Constable (Ex) in Delhi Police Examination-2023 and appoint to the post of Constable (Ex) in Delhi Police as he makes the grade as per his merit position.
4 To award costs in favor of the applicant and pass any order or orders which this Hon'ble Tribunal may deem just & equitable in the facts & circumstances of the case.”
Learned counsel for the applicant submits that the applicant had also participated in the subsequent recruitment exercise conducted by the same authority i.e. SSC. The SSC issued advertisement for recruitment to the post of SI (Ex.) in Delhi Police and the CAPFs – 2024, wherein also it was required that the candidate must have minimum height of 170 cm.
He submits that the applicant in the subsequent examination also qualified the written examination and was called for PET/PST where his height was more than 170 cm as is evident from the PET/PST Result dated 16.10.2024.
He therefore submits that the respondents have clearly committed an error in judgment while taking physical measurements during the recruitment exercise conducted for Constable (Exe.) Male – 2023.
He further places reliance on the judgment of this Hon’ble Tribunal in OA No. 2475/2024, where, under similar circumstances, the Tribunal directed the re-measurement of the applicant’s height using both electronic and manual methods. Upon re-measurement, the height was found to be 170.7 cm, and the Tribunal accordingly directed that the applicant’s candidature be processed further.
He therefore prays that, in the interest of fairness and justice, a similar direction be issued in the present case, and if the applicant is found to meet the prescribed standard, his candidature may be processed further with all consequential benefits.
Learned counsel for the respondents submits that the applicant’s candidature was considered strictly in accordance with the recruitment rules and procedures laid down for the post of Constable (Exe.) Male in Delhi Police for the year 2023. His height was found to be less than the prescribed minimum requirement of 170 cm, and therefore, he was rightly declared ineligible as per the recruitment criteria. He therefore seeks some more time to file reply.
Heard the parties and perused the documents on record.
The limited issue here is only concerning the height of the applicant. Keeping in view that the same respondents have found the applicant meeting the height requirement of the subsequent exam, we feel that the applicant deserves a chance for re-measurement. Respondents are yet to file any counter affidavit however in view of our orders dated 03.01.2025 and 07.02.2025 passed in similar OA No.2475/2024, we deem it appropriate to dispose of this OA with the following directions:-
10.1. The competent authority amongst the respondents shall constitute a medical board and re-measure the height of the applicant within a period of 4 weeks from the date of receipt of a certified copy of this order. It is made clear that the measurement of height is to be done through the electronic mode as well as by measuring tape.
10.2. If the applicant is found meeting the height requirement and is otherwise fit, his candidature for the post of Constable (Exe.) in Delhi Police Examination – 2023 shall be processed in accordance with the rules, and he shall be offered appointment as per his merit. Let this exercise be completed within a period of two months from the date on which the independent medical board records its findings.
The OA is disposed of in the aforesaid terms. Pending MAs, if any, are also disposed of. No costs.