Pradeep Kumar vs Staff Selection Commission And Ors

S.N. Terdal, J

We have heard Mr. Anil Singal, counsel for applicant and Mr. Amit Anand, counsel for respondents, perused the pleadings and all the documents produced by both the parties.

In OA, the applicants has prayed for the following reliefs:

"1. To call for the records and quash and set aside the impugned Result of PET/PST conducted on 7.3.2017 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 Chest Measurement and appointment as Constable vide Recruitment of Constables Examination-2016 with all consequential benefits.

To consider the applicant as eligible in Recruitment of Constable Examination-2016 and appoint to the post of Constable if he makes the grade as per his merit position.

To award costs in favor of the applicant and

To pass any order or orders which this Hon'ble Tribunal may deem just & equitable in the facts & circumstances of the above."

The relevant facts of the case are that in response to the advertisement of respondent No.1 -Staff Selection Commission (SSC) inviting application to fill up the posts of Constable (Executive)-Male and Female in Delhi Police-2016, the applicant had applied for the said post. The Physical Endurance and Measurement Test of the applicant was conducted on 07.03.2017. In the said test he qualified running, long jump and high jump events. However, when his height was measured by electronic measurement device his height was short by 1.2 cms to the required minimum height of 170cms. As such, the applicant was declared unfit and disqualified by the Physical Endurance and Measurement Board. The applicant preferred an appeal against the said height measurement. Allowing his appeal, the Appellate Board again subjected the applicant for height measurement and on second occasion also his height was found short by 1.2 cms, as such he was declared unfit.

The case of the applicant is that he got his height measured by another Medical Officer and in the said medical certificate his height is stated to be 170.5 cms. The counsel for the applicant on the basis of the certificate produced by the applicant and on the basis of the orders passed in OA 1429/2015 (Shiva Sharma Vs. Govt. of NCT of Delhi through its Chief Secretary and Others) and OA No.1584/2015 (Shri Akash Yadav Vs. Vs. Govt. of NCT of Delhi through its Chief Secretary and Others) submits that an independent medical board be directed to be constituted for re-examining the applicant in so far as height is concerned.

Per-contra, the counsel for respondents submitted that in view of the judgment of the Hon'ble High Court in Umesh Chakravarti Vs. Union of India, reported in 2000(3) ATJ 549 and in view of the order of this Hon'ble Tribunal in the case of Hansa Swami Vs. NCT of Delhi through its Chief Secretary and Others and also in view of the fact that twice the measurement of the applicant has already been conducted that too with the help of electronic devices and that there is no possibility of there being any change in the height of an individual by subjecting him to any number of times, prays for dismissal of the OA.

We are of the view that twice the applicant has been subjected to height measurement by electronic devices and on both the occasions he was found to be short by 1.2 cms., therefore, no purposes would be served by directing the respondents to constitute another medical board for examining him once again in so far as height is concerned. As such, the OA is devoid of merit.

In the result, OA is dismissed. No order as to costs.